Rights of Prisoners

Prisoners lose their liberty but retain many fundamental rights. This guide outlines what prisoners are entitled to during their time in custody.

Fundamental Principle

The fundamental principle underlying prisoners' rights is that a person sent to prison is deprived of their liberty — nothing more. All other rights remain intact unless they are necessarily restricted by the fact of imprisonment. This principle is established in both domestic law and international human rights instruments.

Basic Rights

Prisoners have the right to be treated with dignity and respect, to adequate food and water, to healthcare, and to be protected from harm. These rights are protected by domestic and international law, including the European Convention on Human Rights and the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules).

The right to life (Article 2 ECHR) imposes a positive obligation on prison authorities to protect prisoners from harm, including self-harm. Failures to prevent deaths in custody can give rise to legal claims.

The prohibition on torture and inhuman or degrading treatment (Article 3 ECHR) sets minimum standards for conditions of detention. Overcrowding, inadequate healthcare, and excessive use of solitary confinement have all been found to breach Article 3.

Legal Rights

Prisoners retain the right to access legal representation, to make complaints through official channels, and to challenge their detention through the courts. Legal correspondence is treated as confidential and should not be opened or read by prison staff.

Prisoners can apply for judicial review of decisions that affect them, make complaints through the prison complaints system, and refer matters to the Prisons and Probation Ombudsman. Access to justice should not be impeded by imprisonment.

Right to Vote

In the UK, serving prisoners cannot vote in elections. This blanket ban has been the subject of long-running legal challenges, with the European Court of Human Rights ruling that it violates the Convention. The UK government has made minimal changes in response.

In the US, voting rights for prisoners and former prisoners vary by state. Some states restore voting rights immediately upon release, while others impose permanent disenfranchisement for certain offences.

Communication

Prisoners can send and receive letters, make phone calls (at their own expense), and receive visits from approved visitors. Some facilities are introducing email and video calling. Communication with legal advisors is protected and should not be monitored.

Education and Work

Prisoners have the right to access education and are usually required to engage in purposeful activity. Work is typically paid at a basic rate. Education provision should include opportunities for prisoners to gain qualifications and develop skills relevant to employment after release.

Healthcare

Prisoners are entitled to the same standard of healthcare as the general population. In England and Wales, prison healthcare is commissioned by NHS England. This includes access to GP services, mental health support, dental care, and specialist services.

Religious Practice

Prisoners have the right to practise their religion, including access to religious services, religious texts, and dietary requirements associated with their faith. Prisons employ chaplains from multiple faiths and should accommodate reasonable religious needs.

Complaints and Oversight

Prisoners can make formal complaints through the prison complaints system. If a complaint is not resolved satisfactorily, it can be escalated to the Prisons and Probation Ombudsman. Independent Monitoring Boards provide additional oversight at each prison.

HM Inspectorate of Prisons conducts regular inspections of all prisons and publishes reports on conditions and standards. These reports are an important mechanism for holding the prison system to account.