Should there be a legal right given to offenders to receive treatment?



Should there be a legal right given to offenders to receive treatment?

Introduction

I strictly believe in the fact that is the right of every human to be treated in a decent and fair manner. However, there is a heated argument that has been hovering around on whether prisoners, sexual offenders must have the legal right to for treatment and counseling inside prisons. Proponents argue that just like all the other human beings they are also the part of the society and it is their legal rights to get a fair treatment. Whereas, on the other hand the proponents argue that these people are not normal and not the part of the society since they have committed some serious crimes either by killing someone or sexually harassing someone. The purpose of this paper is to study various manifestations of the doctrine of the Constitutional Court in relation to the fundamental rights of the people that are internal in prisons.

Discussion

The Fundamental Right to Physical and Moral Integrity and the Internal Radiology

Among the obligations that Article 3 imposes the prison administration is to ensure the life and physical integrity of the inmates. The characteristics of the prison system require a series of actions that has to carry out the administration in order to detect if inmates have prohibited or toxic substances that endanger the life or physical integrity of the inmates themselves, or which might alter the safety and order in prisons (ELECTRONIC CODE OF FEDERAL REGULATIONS, 2012).

Safety measures inside prisons consist of observation of inmates, the prison population counts and records searches, requisitions, controls and interventions. As explained above, Article 23 states that records Penitentiary inmates made, their belongings and occupied rooms, counts, and requisitions on site will be carried out in cases with guarantees and frequency specified in the regulations and in accordance with the dignity of the person. Similarly Article 71 pronounced RP, according to which security measures will be governed by the principles of necessity and proportionality, and always will be conducted with due respect for the dignity and fundamental rights, especially the to be practiced directly on people.

The danger to the health and physical integrity exists if the radiation used as prison security measure they had place with excessive intensity, the sessions were too frequent and not separated by adequate time and charged on a technically unsuitable or without observing the guarantees scientifically enforceable.

Arguments on Provision of Medical Assistance to Prisoners

The court has sanctioned that special binding relationship that links applicants under the prison administration and that this, under such special circumstances, is bound to protect the life and health of inmates under its custody; duty that is imposed by art. 3.4. LOGP of which is the Act which refers to art. 25.2. of the Constitution and the power to set limits on the fundamental rights of prisoners, and which is intended, in the case discussed, constitutionally enshrined, such as life and health of ...