Since March 2020, life has been at a standstill while schools, courts, restaurants, and pubs have shut their doors to mitigate the impact of COVID-19.
While people at home were pondering about what Netflix shows to binge, or learning the starting mechanics of working from home, or managing their lockdown blues; inmates locked in prisons became lost amongst the disarray.
Often stigmatised in society, mental health is somewhat forgotten as a human right. In fact, the push for better resources to become available for mental health and protection within prisons evokes mixed feelings and causes debate over whether prisons are designed to be institutions solely for punitive punishment, or rehabilitation.
As governments begin reopening channels for the public to return to a sense of normality, it is crucial to highlight the current and prolonged endangerment of civil liberties surrounding mental health. This is particularly crucial for vulnerable groups, such as prisoners, who are at greater risk in light of pre-existing failures in human rights protection which have only worsened during the pandemic. By doing so, we can assess the potential adverse effect on both the criminal justice system’s effectiveness, and its adherence to human rights.
MENTAL HEALTH OF PRISONERS & INTERNATIONAL HUMAN RIGHTS LAW
The Convention Against Torture (CAT) and International Covenant on Civil and Political Rights (ICCPR) both call for the prohibition of torture and cruel, inhuman, or degrading treatment or punishment without exception or derogation. In particular, article 10 of the ICCPR calls that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person,” requiring that “reformation and social rehabilitation” be the essential aim of the penitentiary system.
Alongside efforts to ensure the inherent dignity of inmates, the enjoyment of the highest attainable standard of physical and mental health is one human right - set out at article 12 of the International Covenant on Economic, Social and Cultural Rights - which is often overlooked.
The national lockdown in the UK, which prohibits any social gatherings and requires people to remain at home, has overwhelmingly affected individuals’ mental health. The Home Office has reported that the average for mental distress increased by 8.1 percent in April 2020 from what it was between 2017 and 2019. Similarly, since June 2020 the level of psychological distress increased from 24.3 percent to 31.9 percent. As such, mental health should now be considered a primary concern.
However, in efforts to diminish the spread of COVID-19, on 2 June 2020 the Ministry of Justice published a national framework for prison regimes and services. Created as a conditional roadmap in order to provide a safe environment for staff and inmates, it has implemented a scale of restrictions that clash with these international human rights obligations relating to mental health protection.
TWENTY-THREE HOURS TO PONDER THOUGHTS
Faced with the daily hurdles of anxiety and stress due to the lack of social interaction, humans are facing an unprecedented mental health crisis. While major cities wait in anticipation to be released from restrictions, a vast number of prisoners have been in complete lockdown since March 2020.
Under the UK national framework guideline complete lockdown consists of minimising time outside of prison cells and social contact. This means no time in open air, and all meals served at cell doors. There are also restrictions on visits and on prisoner education programmes.
With inmates confined to their cells for 23-hours-a-day, and having limitations on exercise and showering, there has been a rise in suicide watches. During the first half of 2020, 15,615 prisoners were placed on ACCT (assessment, care in custody and teamwork) plans, which are designed to manage the risk of suicide or self-harm.
Figures published by the Ministry of Justice demonstrated that there were 58,870 self-harm incidents in the 12 months leading up to September 2020. The statistics indicated a 7 percent decrease in male prisons, and an 8 percent increase in female prisons. However, in the most recent quarter (as at 28 January 2021), there has been a 9 percent increase in self-harm incidents; comprising a 5 percent increase in male prisons and a 24 percent increase in female prisons.
CAN IT REMAIN AN AFTERTHOUGHT?
Society must address mental health in prisons instead of allowing this issue to remain under the radar, as we begin returning to our daily routines in the coming months. A meaningful response to the condition of mental health in prisons is necessary to ensure we meet our international human rights obligations.
Prolonging the response to prisoner mental health and continuing to implement stringent restrictions under the current national framework, risks adversely affecting inmates’ ability to re-integrate in society – effective reintegration which would diminish the likelihood of re-offending.
Society must be reminded that although these individuals have been convicted to see out their sentences, they must not be deprived of the human right to retain their mental health
Priscilla is currently a bar course student, immigration caseworker and American national from Los Angeles, California. Holding an LLM in International Human Rights Law and GDL, Priscilla has dedicated her passions to criminal, asylum and human rights law through pro-bono work and participation in the Young Fabians. As an aspiring barrister, Priscilla strives to create social media content, social-connection and advocacy for better access to the Bar for BAME and international students.