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Background <p>States have a heightened duty of care owed to persons deprived of their liberty extending beyond the prohibition of torture and discrimination. Due to their complete reliance on the State, provision of adequate and quality nutrition in prison is a fundamental human right of those detained. Failure to meet the basic requirements of sustenance or deny/restrict food constitutes cruel, inhuman or degrading treatment, or even torture.</p> Methods <p>In order to examine global progress in protecting and upholding the rights of people living in prisons to adequate food and nutrition, we conducted a global socio-legal assessment of the United Nations (UN) Human Rights Treaty Bodies (Committee against Torture, Committee for the Rights of the Child, Human Rights Committee, Committee on the Elimination of Discrimination against Women); and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) mission reporting on selected prisons since 2015. A comprehensive global search in English and French was conducted on the Council of Europe and the UN Human Rights Treaty databases. Following double screening, the final dataset of 237 reports spanning six continents (129 countries) was charted, tabularized against norms and standards (UN Nelson Mandela Rules, Bangkok Rules, the European Prison Rules) and analyzed thematically.</p> Results <p>Identified areas of concern and possible human rights violations documented by prison inspections centered on six key themes: <i>geographies where the right to adequate food in prisons is of concern; inadequacy of food provision; poor food preparation practices</i>,<i> environmental health standards and disease; reliance on external support for food</i>,<i> corruption and exploitation; food as punishment and control measure;</i> and <i>vulnerability of special populations in prison</i><i>.</i></p> Conclusions <p> <?tk 2?>Despite international and regional human rights norms and assurances, prison inspections revealed that standards and adequacy of food and nutrition in prisons are often lacking due to resource scarcity, violence, punishment, inter-personal dynamics and corruption. UN Human Rights Treaty Bodies and CPT inspections must continue to thoroughly assess food standards and provision in prisons, ensure that the denial or restriction of food as punishment is prohibited, and include a focus on those with gender and age-related, religious and medical needs.</p>

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Violations of the right to food during deprivation of liberty: a global socio-legal assessment of United Nations Human Rights Treaty Bodies and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment mission reporting on selected prisons since 2015

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  • 发表日期：

    2025年11月6日

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  • Marie Claire Van Hout,
  • Ulla-Britt Klankwarth,
  • Lisa Glaum,
  • Heino Stöver

摘要

Background

States have a heightened duty of care owed to persons deprived of their liberty extending beyond the prohibition of torture and discrimination. Due to their complete reliance on the State, provision of adequate and quality nutrition in prison is a fundamental human right of those detained. Failure to meet the basic requirements of sustenance or deny/restrict food constitutes cruel, inhuman or degrading treatment, or even torture.

Methods

In order to examine global progress in protecting and upholding the rights of people living in prisons to adequate food and nutrition, we conducted a global socio-legal assessment of the United Nations (UN) Human Rights Treaty Bodies (Committee against Torture, Committee for the Rights of the Child, Human Rights Committee, Committee on the Elimination of Discrimination against Women); and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) mission reporting on selected prisons since 2015. A comprehensive global search in English and French was conducted on the Council of Europe and the UN Human Rights Treaty databases. Following double screening, the final dataset of 237 reports spanning six continents (129 countries) was charted, tabularized against norms and standards (UN Nelson Mandela Rules, Bangkok Rules, the European Prison Rules) and analyzed thematically.

Results

Identified areas of concern and possible human rights violations documented by prison inspections centered on six key themes: geographies where the right to adequate food in prisons is of concern; inadequacy of food provision; poor food preparation practices, environmental health standards and disease; reliance on external support for food, corruption and exploitation; food as punishment and control measure; and vulnerability of special populations in prison.

Conclusions

Despite international and regional human rights norms and assurances, prison inspections revealed that standards and adequacy of food and nutrition in prisons are often lacking due to resource scarcity, violence, punishment, inter-personal dynamics and corruption. UN Human Rights Treaty Bodies and CPT inspections must continue to thoroughly assess food standards and provision in prisons, ensure that the denial or restriction of food as punishment is prohibited, and include a focus on those with gender and age-related, religious and medical needs.