The Inter-American system protects inmates’ right to education through Article 26 of the ACHR.430 This Article obliges the state parties to adopt progressive measures of
423
The European Prison Rules Recommendation Rec (2006), (note 318) above.
424 Rule 28(1). 425 Rule 28(2). 426 Rule 28(3). 427 Rule 28(5). 428 Rule 28(7). 429 Rule 35(2). 430
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an economic and technical nature, with a view to achieving the full realization of the rights implicit in the economic, social, educational, scientific and cultural standards.431 This right is also protected by Article 13 of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, which obliges state parties to ensure that everyone has the right to education directed towards the full development of his or her human personality and human dignity.432 This obligation includes the provision of free compulsory primary education available and accessible; secondary education including technical and vocational secondary education accessible higher education; basic education for those people who have not received or completed the whole cycle of primary instruction; and special instruction and training to persons with physical disabilities or mental deficiencies. Further, this Protocol obliges states parties to ensure that this right is provided on an equal basis without discrimination of any kind for reasons related to race, colour, sex, language, religion, political or other opinions, national or social origin, economic status, birth or any other social condition.433
431
Article 26.
432
The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, (note 412) above.
433
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The non-binding Inter-American standards, which protect this right include the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas434 and the American Declaration of the Rights and Duties of Man.435 Principle xiii of the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas obliges states to provide free primary or basic education for inmates by taking progressive steps, to the maximum of their available resources, to promote secondary, technical, vocational, and higher education which operate in close coordination and integration with the public education system.436 Moreover, this Principle also obliges states, depending on the available resources, to ensure that, correctional centres have libraries with sufficient books, newspapers, educational magazines, and appropriate equipment and technology.
Article 12 of the American Declaration of the Rights and Duties of Man provides that “every person has the right to an education, which should be based on the principles of liberty, morality and human solidarity….to an education that will prepare him to attain a decent life, to raise his standard of living, and to be a useful member of society”.437 This Declaration further obliges states to provide education on an equal basis without distinction as to race, sex, language, creed or any other factor.438
434
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, (note 327) above.
435
American Declaration of the Rights and Duties of Man, adopted by the Ninth International Conference of American States, Bogotá, Colombia, 1948.
436
Principle xiii of the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, (note 327) above.
437
American Declaration of the Rights and Duties of Man, (note 436) above.
438
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2.3.4.3 The African system
The African system protects inmates’ right to education through Article 17 of the ACHPR,439 which provides that “every individual shall have the right to education”. This right is also protected by Article 11 of the ACRWC,440 which guarantees children’s right to education which is directed to, among other things,(a) the promotion and development of the child’s personality, talents and mental and physical abilities to their fullest potential; (b) the preparation of the child for responsible life in a free society, in the spirit of understanding, tolerance, dialogue, mutual respect and friendship among all peoples ethnic, tribal and religious groups; and (c) the promotion of the child’s understanding of primary health care. This right has to be provided on an equal basis without discrimination on the basis of race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status.441 However, the obligation to fulfil this right requires the states to take appropriate measures which include providing free and compulsory basic education; encouraging the development of secondary education and making higher education accessible to all on the basis of capacity and ability.442
African standards which protect this right include the Kampala Declaration on Prison Conditions in Africa443 and the Ouagadougou Declaration and Plan of Action on
439
African [Banjul] Charter on Human and Peoples' Rights, (note 36) above.
440
African Charter on the Rights and Welfare of the Child, (note 37) above.
441
Article 3 of the African Charter on the Rights and Welfare of the Child, (note 37) above.
442
Article 11 of the African Charter on the Rights and Welfare of the Child, (note 37) above.
443
Kampala Declaration on Prison Conditions in Africa, Kampala Conference, in Kampala, Uganda, held from 19-21 September 1996.
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Accelerating Prisons and Penal Reforms in Africa.444 Declaration 7 of the Kampala Declaration on Prison Conditions in Africa, recommends that “prisoners should be given access to education and skills training in order to provide them with a chance to a better reintegration into society after release”.445
The Ouagadougou Declaration and Plan of Action on Accelerating Prisons and Penal Reforms in Africa encourage states to take greater effort to implement the rehabilitative programmes which could include educational programmes aimed at developing inmates.446
2.4 THE STATUS AND APPLICATION OF INTERNATIONAL AND REGIONAL
HUMAN RIGHTS LAW IN SOUTH AFRICA
In South Africa, there are four constitutional provisions which relate to the domestication of international law relevant to the protection and enforcement of inmates’ socio-economic rights. Those provisions relate to the interpretation of the Bill of Rights; the status of international agreements; customary international law; and the application of international law.
444
Ougadougu Declaration and Plan of Action on Accelerating Prison and Penal Reforms in Africa, (note 390) above.
445
Kampala Declaration on prison conditions in Africa, (note 444) above.
446
Recommendation 3 of the Ougadougu Declaration and Plan of Action on Accelerating Prison and Penal Reforms in Africa, (note 390) above, emphasis added.
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