Throughout the second half of the twentieth century there was broad acceptance of the principle that human rights were to be applied universally and that prisoners were not to be excluded from these rights. Indeed, a number of them applied specifically to persons deprived of liberty, and in the previous chapters we identified the set of human rights principles and standards which has been developed by the international community, largely through the United Nations, as a useful model for an ethical framework for the management of prisons.

Human rights as a means to an end

In the early years of the twenty-first century there has been an attempt from some quarters to argue that current threats to world peace and security are of such unparalleled severity that the human rights standards which have been developed over the last 60 or so years can no longer be regarded as universal. In particular, some maintain that they should not be applied to some people who are in detention – notably those charged with or even suspected of threats against national or international security. This is a serious misunderstanding of the nature of human rights, which should not be regarded as a body of theoretical or ideological principles imposed on nation states by unelected international or regional bodies. Rather, as explained in Chapter Five, they are an articulation of certain rights and freedoms which are fundamental to human existence. In an insecure and uncertain world, the observance of these rights is more necessary than ever: not least as a reminder to everyone who lives in a democratic society of what it is that provides the foundation of democracy and freedom. In particular, they are necessary to protect those who, in whatever circumstances, are deprived of their liberty. The community of member states in the United Nations confirmed its adherence to this obligation when the General Assembly approved the revised Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) in December 2015.

Having emphasised this point, it should also be acknowledged that the human rights framework is a means to an end rather than an end in itself. Its primary focus is on the rights of the individual, and it generally considers wider economic and social rights from that perspective.