Moral performance, inhuman and degrading treatment and prison pain

Abstract

Empirical research on the moral quality of life in prison suggests that some prisons are more survivable than others. Prisoners describe stark differences in the moral and emotional climates of prisons serving similar functions. The ‘differences that matter’ concern interpersonal relationships and treatment, and the use of authority, which lead to stark differences in perceived fairness and safety and different outcomes for prisoners, including rates of suicide. These identifiable differences between prisons in one jurisdiction may provide the beginnings of a framework for addressing the broader question of standards being set by the European Court of Human Rights. Concepts like ‘dignity’ and ‘humanity’ are difficult to operationalize and practise. Prisoners are articulate about them, however, and know the difference between ‘feeling humiliated’ and ‘retaining an identity’. The worlds of ‘moral measurement’ and ‘human rights standards’ in penology should be brought closer together in a way that deepens the conversation about prison life and experience.