The foundations and manifestations of the rights arising from the human dignity of prisoners in Iranian law and international documents

Abstract

Human dignity, as one of the most fundamental principles of human rights, has a central place in the protection of prisoners, because even after conviction and temporary deprivation of liberty, the inherent personality and dignity of a person are still preserved. This principle is explicitly emphasized in international human rights documents, including the Universal Declaration of Human Rights (Articles 1 and 5), the International Covenant on Civil and Political Rights (Article 10), the Basic Principles for the Treatment of Prisoners (adopted by the UN General Assembly in 1990), and the Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), and prohibits any inhuman or degrading treatment, torture, or cruel punishment. In the legal system of the Islamic Republic of Iran, human dignity is also recognized as a fundamental belief and law in the Constitution (especially Articles 2, 38, and 39). Article 38 prohibits any torture to obtain confessions or information, and Article 39 prohibits the violation of the dignity and honor of detainees and prisoners. In addition, the Executive Regulations of the Prisons and Security and Educational Measures Organization (approved by the Judiciary with subsequent amendments), as the most comprehensive domestic document, has explained the practical examples and manifestations of respecting the human dignity of prisoners in various areas, including staff behavior, detention conditions, health, nutrition, communication rights, treatment, prohibition of discrimination, maintaining dignity during inspections, and contact with family. Also, laws such as the Law on Respect for Legitimate Freedoms and Protection of Citizen Rights (approved in 2004) and some principles of the Islamic Penal Code have also been effective in supporting this dignity. This article, with a comparative approach, examines the philosophical, jurisprudential, and legal foundations of the human dignity of prisoners and analyzes its manifestations at both national and international levels. The results show that although the theoretical foundations of Iranian law and international documents are largely aligned, implementation challenges and differences in some interpretations and procedures still require strengthening monitoring and guarantee mechanisms so that the human dignity of prisoners can be fully and effectively realized.