RIGHTS BEHIND BARS
A Study of Prison Conditions In Zimbabwe 2018
of charge.41 Particular attention should be paid to prisoners with special health care needs or issues that
may hamper their rehabilitation. Further, both the physical and mental health needs of prisoners should
be addressed.42
Rule 75(2) and (3) of the Nelson Mandela Rules provides that training which is tailored to the general and
specific duties of prison staff, including continuous in-service training courses, should be provided.43 Rule
78 further provides that prison staff shall include a sufficient number of specialists such as psychiatrists,
psychologists and social workers.44
At the domestic level, the Zimbabwean Constitution provides for every citizen and permanent resident’s
right to have access to basic health care and reproductive health care services; including access to basic
health care for chronic illnesses.45 Further, section 50(5)(d) of the Constitution provides for detained
persons’ right to conditions of detention that are consistent with human dignity, including the provision
of medical treatment at the State’s expense. Thus, the right to medical treatment for detained persons
doesn’t appear to be subject to progressive realisation.
4.8. Education, vocational training and work
Prisoners do not forfeit their right to education by virtue of their committal to custodial institutions.
Persons deprived of their liberty enjoy all the rights set forth in international and domestic human rights
instruments, subject only to the restrictions that are unavoidable in a closed environment (HRC, GC 21,
para 3). The education of illiterate prisoners and of young prisoners is compulsory and special attention
should be paid to it by the prison administration (Rule 104(1), Mandela Rules). Where it is fairly possible
and barring any other compelling considerations, the education of prisoners, including juveniles, must
be provided by qualified teachers and integrated with the educational system of the country so that
after their release they may continue their education without difficulty (Rule 104(2), Mandela Rules and
Rule 38, Beijing Rules). These rules should be read together with every person’s right to basic statefunded education, including adult basic education, as provided for in section 75(1)(a) of the Zimbabwean
Constitution.
International standards on education, vocational training and work are articulated in great detail when it
comes to young offenders. Every young offender of compulsory school age has the right to education
suited to their needs and abilities, and designed to prepare them for return to society (Rule 38, Beijing
Rules). Youth offenders who are illiterate or have cognitive or learning difficulties should be provided
with special education (Rule 38, Beijing Rules). Young offenders aged above the compulsory schoolgoing age should be allowed and encouraged to attend school if they wish to do so and the State
should provide them with access to appropriate educational programmes (Rule 39, Beijing Rules). Every
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Nelson Mandela Rules, Rule 24(1).
Nelson Mandela Rules, Rule 25(1).
Nelson Mandela Rules, Rule 75(2) and (3).
Nelson Mandela Rules, Rule 78(1).
Section 76(1) of the Zimbabwean Constitution.
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