Prisoner Rights and Social Reintegration in the EU
Item 12: Attention to Persons Deprived of Liberty
1. From Control to Social Integration
Both nationally and internationally, the last decade has witnessed a shift in the treatment of criminal behavior. The focus has moved from individual causes and closed institutions to a greater emphasis on prevention and the design of correctional institutions as spaces for rehabilitation and social reintegration. This spirit is reflected in texts such as the Standard Minimum Rules for the Treatment of Prisoners (Res. 663) of July 31, 1957, from the UN Economic and Social Council Committee, and the Council of Europe’s recommendation to Member States on prison rules. The change involves targeting the structural causes of such behavior.
2. Framework for Detainees’ Rights in the EU
Main provisions and EU action in this matter:
- a) Adaptation in 1983 by the European Committee on Crime Problems of the Council of Europe of the Standard Minimum Rules for the Prevention of Crime and the Treatment of Offenders adopted by the UN in 1957.
- b) New formulation of these rules in 1987.
The actions of the European institutions concerning criminal behavior are directed in two ways:
2.1. Police and Judicial Cooperation Between Member States
Since 1995, the EU has become a common space that promotes the circulation of people with a single external border. This area requires greater police and judicial cooperation. Measures include:
- European Network of Crime Prevention (2001)
- Eurojust (2002)
- System of European order and delivery detection, introducing new extradition procedures between member states.
2.2. Respect for the Rights of Those Who Have Broken the Law
The EU implements measures and programs to prevent criminal behavior while recognizing the need to improve the quality of life of people in prisons. The Charter of Fundamental Rights of the EU addresses the deteriorating living conditions in prisons due to overcrowding and emphasizes the specific situation of certain vulnerable groups (women, ethnic minorities, etc.).
3. The Performance of the Internal Administration
3.1. Administrative Structure
Boarding of prisoners and measures for their personal development and social reintegration, as reflected in the Prison Rules, are managed and coordinated by the Directorate General of Prisons, part of the Ministry of Interior. This address has the following functions:
- Organization and Management of Correctional Institutions.
- Activities aimed at maintaining and improving hygiene and health, establishing information systems and disease surveillance, and prevention and drug treatment.
- Promotion and development of education, culture, and sport.
- Care activities in centers and prison hospitals and social assistance to those on parole, inmates, and their relatives.
The Directorate General manages all Spanish prisons, except those in Catalonia. Within each establishment is the Board of Management, which ensures programs and inmates’ access to the resources offered. Similarly, the Board carries out monitoring of individualized treatment for each person. Once they reach the prison, detainees are examined by a doctor and interviewed by a social worker and educator to identify needs and plan educational, cultural, and personal development activities.