Ensuring Mental Health as a Human Right for Prisoners: Legal Barriers, Policy Gaps, and Advocacy for Reform

  • Prithivi Raj
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  • Prithivi Raj

    Assistant Professor at Birla Global University, Odisha, India

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Abstract

Mental health is a fundamental human right, yet prisoners worldwide face significant barriers to accessing adequate mental healthcare. Overcrowding, stigma, punitive rather than rehabilitative approaches, and a lack of trained mental health professionals contribute to the deterioration of inmates' psychological well-being. This paper critically examines the legal and policy frameworks governing mental health rights in prisons, focusing on international human rights instruments such as the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), the International Covenant on Civil and Political Rights (ICCPR), and the European Prison Rules. The research explores how these global standards are implemented in India, the U.S., and the U.K., identifying legal barriers and policy gaps that hinder effective mental healthcare delivery in correctional facilities. It further examines judicial responses to prisoner mental health concerns, analyzing landmark cases and legal precedents that have shaped prison mental health policies. Despite some progress, systemic deficiencies remain, including inadequate funding, lack of monitoring mechanisms, and forced psychiatric treatments that violate human rights principles. The paper advocates for a rights-based approach to mental health in prisons, emphasizing the role of legal aid groups, human rights organizations, and prison reform movements in pushing for policy changes. Recommendations include legislative reforms, increased mental health screenings, diversion programs, and alternatives to incarceration for mentally ill offenders. Ensuring access to mental healthcare in prisons is not just a legal obligation but a moral imperative to uphold human dignity and rehabilitative justice.

Keywords

  • Prisoner Mental Health
  • Human Rights
  • Legal Frameworks
  • Rehabilitative Justice
  • Policy Reform

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3891 - 3910

DOI: https://doij.org/10.10000/IJLMH.119471

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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