Introduction
According to the United Nations, human rights include rights that are inherent to all people regardless of religion , language, ethnicity, nationality, sex, race or any other status. The international human rights laws adopted by the UN General Assembly offer a framework that all governments must oblige to and ensure they do not act in such a manner that it limits or hinders the fundamental rights and freedoms of people. Nevertheless, the correctional systems have over the years been marred by increased incidents of human rights violations. It is vital that as human beings, we must recognize that every person has rights even though some might be limited in case of incarcerated individuals as they pay their debt to society. Therefore, the purpose of this paper is to identify human rights issues associated with due process and cruel and unusual punishment in correctional systems found in the USA, China, and Russia. Additionally, the paper will also focus on the impact of correctional systems on human rights and how cultural differences impact correctional system operations and philosophies.
Human Rights Issues related to Due Process in Correctional Facilities
Gitlin (2013) defines the due process as an essential constitutional assurance that entire legal proceedings will be impartial and that an individual will be given the proceedings’ notice and a chance to be listened to before the state acts to take away one’s property, liberty or life. In the USA, the fifth and fourteenth amendment contains the due process class that will ensure justice and the law is observed during the entire process. The criminal victims and defendants each have human rights that must be observed during any form of state-sanctioned proceedings. It is, therefore, vital for one to ensure that human rights do not become jeopardized during the entire process. The principal human rights issues associated with the due process is a right to equal protection of the law ( May 2010). This right is supposed to guarantee that all the defenders and victims will not be discriminated based on their religion, background, race or any other form of protected status. In the USA, there has been dissatisfaction with the way the correctional system handles equality, fairness, and justice. According to a substantial number of minor communities such as African-Americans, Hispanics among others, they have always argued that the correctional system treats them more badly as compared to the whites. This is evident from the increased rise in civil rights movements during the 1960s, the Black Lives Matter movements among others. The nation has over the years worked hard towards ensuring that equality is provided for all its citizens during the due process. Another human rights issue is the right to freedom from cruelty and torture ( May, 2010).
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In a nation like Russia, the correctional system disregard this human rights facet of the due process. The penitentiary system is susceptible to the political authorities and anyone who opposes the current regime is mo st l ikely going to become tortured or even killed. This is because, those fighting the authorities such as activists, opposition members among others are considered as being threats. The third human rights issue is a right to presumed innocence ( May, 2010). Everyone who is charged with an offence is innocent until proven guilty according to the la of the respective nation. In the USA, this right is highly observed during the due process as the individuals accused of committing an offence are sentenced only after all the evidence has been brought forwards ad arguments heard from both sides. In China and Russia, this right is not observed in most cases as the nations have secrecy surrounding their judicial system and also is observed in the way the prisoners are treated especially the political prisoners who face harsh prosecutions. The final human rights issue associated with the due process is a right to assistance of counsel ( May, 2010). This right aims to guarantee that both the victims and offenders have a legal representation who will aid them throughout the entire process. In the USA, no due process can proceed without a legal counsel being present. Nonetheless, in China and Russia, the correctional system does not provide most of the political prisoners with legal counsel, and this is what leads o to the harsh prosecutions they are subjected to.
Human Rights Issues related to Cruel and Unusual Treatment in Correctional Facilities
Bessler (2012) defines cruel and unusual treatment as punishment that is deemed as being intolerable due to the humiliation, suffering or pain it imposes on the individual subjected to it and is contained in the Eighth Amendment of the USA constitution. However, the Eighth Amendment does not clearly define the terms “cruel and unusual punishment” (Samaha, 2016). It is therefore based on the various case laws meaning any form of punishment that is inhumane. All prisoners have a right to be free from all sorts of sex crimes or sexual harassments within the correctional system. In the USA, following increased cases of men raping fellow men in prions, the Prison Rape Elimination Act of 2003 was passed into law to guarantee there was a reduction in such incidents. In China and Russia, there are no such laws against sexual harassment an indication that such vices are either minimal or go unrecorded by the inmates. The second human rights issue is that they have a right to complain about the conditions of the prisons and access the courts.
In the USA, China, and Russia, most of the prisoners’ demands about their living conditions go unanswered. The major factor that contributes towards an ever reducing prison condition is the increased incarceration rates especially in the USA which houses about 22% of the world’s prisoners (Coyle, 2016) . The third human rights issue is related to the humane treatment of prisoners. Despite being locked up as a result of committing various offences, the prisoners have a right to be treated just like any other normal human being. However, some of their rights are limited though they should enjoy most of them. In the USA, China and Russia, there have been increased cases of inhuman treatment of prisoners through solitary confinement, frequent food restrictions to induce starvations, use of handcuffs and leg irons and beatings using electric batons and rubber truncheons. It is common for detainees and inmates to undergo such forms of torture that are inhumane. Despite inmates and detainees having a constitutional right to health care , most of the correctional systems have been cited as having an inability to provide adequate and quality care. According to Wilper et al. (2009), a huge percentage of prisoners suffer from chronic medical conditions especially viral infections as compared to the entire population. Furthermore, they also suffer from increased incidents of mental illnesses. The correctional systems do not fully offer them the required medicals services and this has left a huge percentage of them suffering from their illnesses. This is not only in the USA but is also the same case in China and Russia whereby the correctional system is amongst the worst in the entire world.
Global Impact of these Correctional Systems on Human Rights
The correctional systems have always been associated with all the negative facets in relation to observing human rights. This results from the fact that society believes the people subjected under these systems must pay for their actions and should not be shown any form of mercy. However, an increased violation against human rights in correctional systems as seen in the case of China has consequently led to an increased activism against these violations. The UN has continued to ensure that every nation in the world treats its detainees and inmates as rational human beings. Other international bodies such as Amnesty International and Human Rights Watch have continued to push for more human rights reforms in countries that have ruthless stances against prisoners. As seen from the case of the UN, it has continually asked governments across the globe to adopt the various Human Rights laws as contained in the various conventions that have been passed over the y ears since 1945. Furthermore, there has been increased activism from lobbyist groups who have pushed their governments to pass multiple laws that bring about reforms within the correctional systems. It is therefore evident that the correctional systems have played a vital role towards an increased and even better establishment of human rights across the globe.
Cultural Differences and Correctional Philosophies and Operations
Zhang et al. (2017) conducted a study to determine the impact of culture on punishment beliefs and decisions using participants from USA, China, and Europe. The researchers were able to find out that indeed , culture has a considerable influence on these facts that form a foundation for correctional operations and philosophies. According to Zhang et al. (2017), crimes cannot be avoided within any society, and this has brought about various forms of punishment such as retributive, rehabilitation, incapacitation and deterrence. Most of these decisions are based on the cultural differences of the people living within a particular nation or geographical region. In a country like the USA, it is one based on an individualistic society unlike China and Europe that is more collectivistic. As such, in a nation like China, they will support the death penalty more than the USA for they believe through such, the people will not carry out any more future crimes (Zhang et al., 2017) .
Therefore , the Chinese participants form the study prefer a retributive type of punishment that is based on payback unlike those from the USA and Europe. This type of punishment is one based on the notion of "an eye for an eye," and this is what has made the Chinese society to have such inhumane conditions that violate human rights at the due process and brings about unusual and cruel punishments. In the case of Europe, it is less likely to favour deterrence and rehabilitation as a punishment for crimes, and this is what has brought about a similar situation in Russia. Nonetheless, in the case of USA, it believes human rights for all and this is why there is an increased push for prison reforms through the passing of various policies .
References
Bessler, J. D. (2012). Cruel & unusual: The American death penalty and the founders' Eighth Amendment . Boston: Northeastern University Press.
Coyle, A. (2016). Imprisonment worldwide: The current situation and an alternative future . Bristol: Policy Press.
Gitlin, M. (2013). Understanding Your Right to Due Process (e-Book) . New York: Rosen Digital.
May, L. (2010). Global justice and due process . Cambridge: Cambridge University Press.
Samaha, J. (2016). Criminal law . Wadsworth/Thomson Learning.
Wilper, A. P., Woolhandler, S., Boyd, J. W., Lasser, K. E., McCormick, D., Bor, D. H., & Himmelstein, D. U. (2009). The health and health care of US prisoners: results of a nationwide survey. American journal of public health , 99 (4), 666-672.
Zhang, Y., Chen, C., Greenberger, E., & Knowles, E. D. (2017). A cross-cultural study of punishment beliefs and decisions. Psychological Reports , 120 (1), 5-24.
