RIGHTS BEHIND BARS
A Study of Prison Conditions In Zimbabwe 2018
to citizens incarcerated in its jails. In terms of the Prisons Act, the right to receive and duty to use,
diligently, bedding can be derived from provisions that make it a criminal offence to refuse to wear or
keep clothing given to the prisoner in question. To this end, the Prisons Act makes it an offence for any
prisoner to omit or refuse to use bedding issued to them. It is also an offence for a prisoner to deface or
refuse to keep clothing, blankets, bedding or equipment clean (Prisons Act, Part II).
4.4. Adequate clothing
According to international law, the ‘right to clothing’ is implied as a component of the right to an
adequate standard of living. The CRPD is the only international human rights treaty which explicitly
makes reference to adequate clothing as a component of an adequate standard of living specifically for
persons with disabilities. In terms of the Nelson Mandela Rules, untried prisoners are entitled to wear
their own clothing.29 In addition, every prisoner who is not allowed to wear their clothing should be
provided with clothing which is not degrading or humiliating, which is suitable for the climate and which
is adequate to keep him in good health.30 The Constitution of Zimbabwe makes no explicit reference to
‘the right to clothing’ or the right to an adequate standard of living. However, it provides that detained
persons have the right to conditions of detention that are consistent with human dignity, including
personal hygiene. In terms of the Prisons Act, the right to receive and duty to adequate clothing can
be derived from the provisions that make it a criminal offence to refuse to wear or keep clothing given
to the prisoner in question. To this end, the Prisons Act makes it an offence for any prisoner to omit
or refuse to use clothing issued to them or to deface or refuse to keep clothing, blankets, bedding or
equipment clean (Prisons Act, Part II).
4.5. The right to sufficient food
The right to adequate food is recognised by several international human rights instruments as part
of the class of rights that are extended to ‘everyone’, including prisoners.31 The Standard Minimum
Rules also provide that ‘every prisoner shall be provided by the administration at the usual hours with
food of nutritional value adequate for health and strength, of wholesome quality and well prepared
and served’.32 At the domestic level, the Constitution explicitly and implicitly extends to every person,
including prisoners, the rights to food and clean water. With regards to persons placed in detention,
the Constitution provides for detained persons’ right to ‘conditions of detention that are consistent
with human dignity, including the provision, at State expense, of an adequate standard of nutrition’. The
right to adequate food is a right which is important for the realisation of other rights. As such, it should
therefore not be interpreted in a narrow or restrictive sense which equates it with a minimum package
of calories, proteins and other specific nutrients.33
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31
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Nelson Mandela Rules, Rule 115.
Nelson Mandela Rules, Rule 19(1). See also Rule 36 of the Beijing Rules.
See articles 25(1) of the UDHR; 11(1) of the ICESCR; 24(2) and 27(3) of the CRC; and 25(f) and 28(1) of the CRPD.
Rule 20 of the Standard Minimum Rules.
Committee on Economic, Social and Cultural Rights, General Comment No. 15.
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