[Abandoned] Fair Treatment Of Prisoners II

[Greater Cesnica]

Category: Civil Rights
Strength: Significant

Companion resolution: viewtopic.php?f=9&t=503271

The General Assembly,

Aware that a prior iteration of this legislation was in effect, but had been repealed due to a significant flaw,

Resolved that this new legislation addresses that flaw in an effective manner, and also covers additional items previously not included,

Believing once again that the abuse of the imprisoned is an intolerable state of affairs,

Seeking to preserve the dignity and welfare of prisoners worldwide,

Hereby:

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates.

2. Prohibits:

1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or service as a punitive measure or profit-generating purpose,
3. The sale or leasing of any prisoner by a government or prison to any organization or institution,
4. The importation of goods produced in prisons of non-member nations, when such goods are produced in a manner contrary to the provisions of this resolution,
5. Placing a prisoner in protective confinement, unless:
   
   1. The informed consent of the prisoner is present,
   2. The prisoner is unable to provide informed consent and placing them in protective confinement is the only means available to mitigate risks posed by the general prison population to the prisoner, or
   3. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, or
   4. The prisoner is medically incapacitated, and
6. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor, unless that prisoner is in protective confinement.

3. Requires that:

1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
3. Member states ensure prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive payment commensurate to the extent of their work, which shall be at least equivalent to the minimum payment a free worker in the same nation employed in the same trade would receive for doing the same quantity and quality of work,
5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration, and that
6. Prison staff attend to the medical needs of prisoners pursuant to extant legislation and standards on standards for medical care, and to provide this care in a timely and complete manner.

Co-authored by Barfleur.

[Greater Cesnica]

The General Assembly,

Aware that a prior iteration of this legislation was in effect, but had been repealed due to a significant flaw,

Resolved that this new legislation addresses that flaw in an effective manner,

Believing once again that the abuse of the imprisoned is an intolerable state of affairs,

Seeking to preserve the dignity and welfare of prisoners worldwide,

Hereby:

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates.

2. Prohibits:

1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or service as a punitive measure; or as a means to generate profit for a prison facility and/or associated third parties,
3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
4. Placing a prisoner in protective confinement, unless:
   
   1. The informed consent of the prisoner is present,
   2. The prisoner is unable to provide informed consent and placing them in protective confinement is the only means available to mitigate risks posed by the general prison population to the prisoner,
   3. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, or
   4. The prisoner is medically incapacitated, and
5. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor.

3. Requires that:

1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration.

Co-authored by Barfleur.

Draft created.

The General Assembly,

Aware that a prior iteration of this legislation was in effect, but had been repealed due to a significant flaw,

Resolved that this new legislation addresses that flaw in an effective manner,

Believing once again that the abuse of the imprisoned is an intolerable state of affairs,

Seeking to preserve the dignity and welfare of prisoners worldwide,

Hereby:

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates.

2. Prohibits:

1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or service as a punitive measure or profit-generating purpose,
3. The sale or leasing of any prisoner by the government or any private prison to any private corporation or institution,
4. Placing a prisoner in protective confinement, unless:
   
   1. The informed consent of the prisoner is present,
   2. The prisoner is unable to provide informed consent and placing them in protective confinement is the only means available to mitigate risks posed by the general prison population to the prisoner,
   3. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, or
   4. The prisoner is medically incapacitated, and
5. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor.

3. Requires that:

1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration.

Co-authored by Barfleur.

Simplified Article 2(b), changed strength.

The General Assembly,

Aware that a prior iteration of this legislation was in effect, but had been repealed due to a significant flaw,

Resolved that this new legislation addresses that flaw in an effective manner, and also covers additional items previously not included,

Believing once again that the abuse of the imprisoned is an intolerable state of affairs,

Seeking to preserve the dignity and welfare of prisoners worldwide,

Hereby:

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates.

2. Prohibits:

1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or service as a punitive measure or profit-generating purpose,
3. The sale or leasing of any prisoner by a government or prison to any organization or institution,
4. The importation of goods produced in prisons of non-member nations, when such goods are produced in a manner contrary to the provisions of this resolution,
5. Placing a prisoner in protective confinement, unless:
   
   1. The informed consent of the prisoner is present,
   2. The prisoner is unable to provide informed consent and placing them in protective confinement is the only means available to mitigate risks posed by the general prison population to the prisoner,
   3. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, or
   4. The prisoner is medically incapacitated, and
6. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor.

3. Requires that:

1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work, and that
5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration.

Co-authored by Barfleur.

Prohibited the importation of goods made in non-member state prisons that violate the provisions of this resolution.

The General Assembly,

Aware that a prior iteration of this legislation was in effect, but had been repealed due to a significant flaw,

Resolved that this new legislation addresses that flaw in an effective manner, and also covers additional items previously not included,

Believing once again that the abuse of the imprisoned is an intolerable state of affairs,

Seeking to preserve the dignity and welfare of prisoners worldwide,

Hereby:

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates.

2. Prohibits:

1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or service as a punitive measure or profit-generating purpose,
3. The sale or leasing of any prisoner by a government or prison to any organization or institution,
4. The importation of goods produced in prisons of non-member nations, when such goods are produced in a manner contrary to the provisions of this resolution,
5. Placing a prisoner in protective confinement, unless:
   
   1. The informed consent of the prisoner is present,
   2. The prisoner is unable to provide informed consent and placing them in protective confinement is the only means available to mitigate risks posed by the general prison population to the prisoner,
   3. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, or
   4. The prisoner is medically incapacitated, and
6. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor.

3. Requires that:

1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
3. Member states ensure that prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive a wage commensurate to the extent of their work, which shall be equivalent to the wage a free worker employed in the same trade would receive for doing the same quantity and quality of work,
5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration, and that
6. Prison staff attend to the medical needs of prisoners pursuant to extant legislation and standards on standards for medical care, and to provide this care in a timely and complete manner.

Co-authored by Barfleur.

Added requirement pertaining to the response of prison staff to prisoners' medical needs.

The General Assembly,

Aware that a prior iteration of this legislation was in effect, but had been repealed due to a significant flaw,

Resolved that this new legislation addresses that flaw in an effective manner, and also covers additional items previously not included,

Believing once again that the abuse of the imprisoned is an intolerable state of affairs,

Seeking to preserve the dignity and welfare of prisoners worldwide,

Hereby:

1. Defines protective confinement as the imprisonment of a person with severe or total isolation from other inmates.

2. Prohibits:

1. Subjecting a prisoner to treatment inferior to that legally permissible for prisoners of war,
2. Compelling a prisoner via force, threats of force, or other forms of coercion to perform labor or service as a punitive measure or profit-generating purpose,
3. The sale or leasing of any prisoner by a government or prison to any organization or institution,
4. The importation of goods produced in prisons of non-member nations, when such goods are produced in a manner contrary to the provisions of this resolution,
5. Placing a prisoner in protective confinement, unless:
   
   1. The informed consent of the prisoner is present,
   2. The prisoner is unable to provide informed consent and placing them in protective confinement is the only means available to mitigate risks posed by the general prison population to the prisoner, or
   3. Doing so is the only means available to mitigate risks posed by the prisoner to the general prison population, or
   4. The prisoner is medically incapacitated, and
6. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor, unless a prisoner is in protective confinement.

3. Requires that:

1. Those who have had protective confinement imposed on them have regular access to the services of psychiatric staff; and that they have access to visitations from guests in accordance with standard prison policy,
2. All available measures are taken to reinstate a prisoner into the general prison population, as soon as it is safe to do so,
3. Member states ensure prisoners have access to investigative resources and legal recourse in the event that they lodge a complaint about abuses inflicted upon them, and that no reprisals are carried out against those who lodge these complaints,
4. Prisoners who voluntarily carry out a service or activity as a form of labor during the period of their incarceration receive payment commensurate to the extent of their work, which shall be at least equivalent to the minimum payment a free worker employed in the same trade would receive for doing the same quantity and quality of work,
5. All workplace health and safety regulations, past and future, on the national and international level, apply to prisoners working voluntarily during the period of their incarceration, and that
6. Prison staff attend to the medical needs of prisoners pursuant to extant legislation and standards on standards for medical care, and to provide this care in a timely and complete manner.

Co-authored by Barfleur.

Clarified Article 3(d) and set floor for minimum payment to the minimum payment a free worker would receive for the same amount of effort, work, and production. Also clarified Article 2(f) so that those in protective confinement are not required to have the opportunity to carry out paid labor.

[Jedinsto]

So yeah this is exactly what we discussed, so support once the original is gone.

[Imperium Anglorum]

In s 2(b) the semicolon is either ungrammatical or introduces ambiguity. Rephrase. I would think also that the appropriate category would be significant rather than strong.

[Greater Cesnica]

Thank you IA, I've made those changes.

[Barfleur]

"I agree that, in order to provide for the better safety of incarcerated youths, it is necessary to repeal the first iteration and pass this replacement. I recommend that the proposal be amended to prohibit the importation or use of goods produced in prisons of non-member nations, when such goods are produced in a manner contrary to the principles of this proposal."

[Greater Cesnica]

"I agree that, in order to provide for the better safety of incarcerated youths, it is necessary to repeal the first iteration and pass this replacement. I recommend that the proposal be amended to prohibit the importation or use of goods produced in prisons of non-member nations, when such goods are produced in a manner contrary to the principles of this proposal."

"I have implemented your suggestion, save for the part about the use of goods made in such prisons. I do not feel it is feasible to enforce a prohibition on the use of such goods, and also regard it as very, ah, micromanagey."

[Barfleur]

"I agree that, in order to provide for the better safety of incarcerated youths, it is necessary to repeal the first iteration and pass this replacement. I recommend that the proposal be amended to prohibit the importation or use of goods produced in prisons of non-member nations, when such goods are produced in a manner contrary to the principles of this proposal."

"I have implemented your suggestion, save for the part about the use of goods made in such prisons. I do not feel it is feasible to enforce a prohibition on the use of such goods, and also regard it as very, ah, micromanagey."

"I agree, in retrospect, the use clause was certainly over-intrusive. With respect to section 3, I would recommend requiring prison staff to provide a speedy and complete (using the same standards as apply out of prison) response to prisoners' medical needs--prior legislation sets forth the standards for medical care in prisons, but does not prevent staff from outright ignoring medical emergencies."

OOC: Nice working with you again, GC!

[Imperium Anglorum]

prior legislation sets forth the standards for medical care in prisons, but does not prevent staff from outright ignoring medical emergencies

Genuinely curious about this. Does it? And how?

[Greater Cesnica]

prior legislation sets forth the standards for medical care in prisons, but does not prevent staff from outright ignoring medical emergencies

Genuinely curious about this. Does it? And how?

"I would assume Ambassador MacGeorge is referring to GAR #161 "Medical Standards in Prisons".

[Greater Cesnica]

"I have implemented your suggestion, save for the part about the use of goods made in such prisons. I do not feel it is feasible to enforce a prohibition on the use of such goods, and also regard it as very, ah, micromanagey."

"I agree, in retrospect, the use clause was certainly over-intrusive. With respect to section 3, I would recommend requiring prison staff to provide a speedy and complete (using the same standards as apply out of prison) response to prisoners' medical needs--prior legislation sets forth the standards for medical care in prisons, but does not prevent staff from outright ignoring medical emergencies."

OOC: Nice working with you again, GC!

"I have implemented your suggestion."

OOC: Nice to be working with you again too, Barfleur!

[Imperium Anglorum]

Genuinely curious about this. Does it? And how?

"I would assume Ambassador MacGeorge is referring to GAR #161 "Medical Standards in Prisons".

I know what resolution is being referred to. My question has to do with why that resolution does what Barfleur claims re not preventing staff from ignoring a need for medical treatment.

[Ardiveds]

"I would assume Ambassador MacGeorge is referring to GAR #161 "Medical Standards in Prisons".

I know what resolution is being referred to. My question has to do with why that resolution does what Barfleur claims re not preventing staff from ignoring a need for medical treatment.

OOC: From my quick glance, clause 1, 2, 3 and 4 seem to guarantee access to medical staff, drugs, beds and equipment while 5 guarantees gender specific treatment. No where does it specify that the nation has to provide non-gender specific treatment, especially if the medical staff themselves refuse to do their duties. In my eyes, it's equivalent to mandating that nations have to by buy enough trains for all its public transport needs but not mandating that it has to provide public transport.

[Barfleur]

"I would assume Ambassador MacGeorge is referring to GAR #161 "Medical Standards in Prisons".

I know what resolution is being referred to. My question has to do with why that resolution does what Barfleur claims re not preventing staff from ignoring a need for medical treatment.

OOC: Clause 1 requires that the prison medical staff be of a size that is proportional to the general prison population. Clause 2 guarantees access to necessary drugs, but not to surgery or other treatments. Clause 3 guarantees access to beds. Clause 4 ensures that medical equipment used by prison medical staff must be up-to-date and in functioning condition. Clause 5 requires the services performed to be "gender-appropriate," which applies (in my interpretation, due to the specific inclusion of "including appropriate care and treatment for pregnant individuals and their offspring") to services inherent to persons of a particular gender, caused by or relating to gender-based characteristics. And clause 6 provides for the care of prisoners outside prison grounds when so required.

The prohibitions (of using drugs to cause pain, of using drugs to cause death, and of using prisoners as involuntary test subjects) do not say anything, either, about deliberate indifference.

[Tinhampton]

A random intern: I suggested that this draft be retitled Fairer Treatment of Prisoners but... eh, whatever. In Article 3d of this and its predecessor, you refer to the wage being paid by "a free worker," but on average or at the national minimum?

[Old Hope]

2. Prohibits:

1. Barring prisoners from the opportunity to voluntarily carry out a service or activity as a form of paid labor.

It is difficult to provide this opportunity to prisoners in protective confinement.

[Greater Cesnica]

"I have clarified Article 3(d) and decided to set the minimum compensation as the minimum payment afforded to a free worker doing the same work."

OOC: I have clarified Article 2(f) in accordance with Old Hope's comment.

[Old Hope]

"I have clarified Article 3(d) and decided to set the minimum compensation as the minimum payment afforded to a free worker doing the same work."

OOC: I have clarified Article 2(f) in accordance with Old Hope's comment.

Please exchange "a" with "that"(article 2 (f)).

[Greater Cesnica]

OOC: I've corrected that Old Hope. Thanks