92 interaction of subordination between the person deprived of his liberty and the State; typically the State can be rigorous in regulating what the prisoner’s rights and obligations are, and determines what the circumstances of the internment will be; the inmate is prevented from satisfying, on his own, certain basic needs that are essential if one is to live with dignity. 153. Given this unique relationship and interaction of subordination between an inmate and the State, the latter must undertake a number of special responsibilities and initiatives to ensure that persons deprived of their liberty have the conditions necessary to live with dignity and to enable them to enjoy those rights that may not be restricted under any circumstances or those whose restriction is not a necessary consequence of their deprivation of liberty and is, therefore, impermissible. Otherwise, deprivation of liberty would effectively strip the inmate of all his rights, which is unacceptable. 154. Invariably, deprivation of liberty frequently affects the enjoyment of human rights other than the right to personal liberty.155 An inmate’s right to personal privacy and to the privacy of his family life may be restricted. This restriction of rights is a consequence or collateral effect of the deprivation of liberty, but must be kept to an absolute minimum156 since, under international law, no restriction of a human right is justifiable in a democratic society unless necessary for the general welfare.157 155. By contrast, other rights –such as the right to life, the right to humane treatment, freedom of religion and the right to due process- cannot be restricted under any circumstances during internment, and any such restriction is prohibited by international law. Persons deprived of their liberty are entitled to have those rights respected and ensured just as those who are not so deprived. * * * 156. This Court has held that the right to life plays a key role in the American Convention as it is the essential corollary for realization of the other rights.158 When the right to life is not respected, the other rights vanish because the bearer of those 155 Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 108; Case of Maritza Urrutia, supra note 57, para. 87; and Case of Juan Humberto Sánchez, supra note 154, para. 96. 156 Cf. Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977, para. 57. 157 Cf. Case of the “Five Pensioners”, supra note 55, para. 116; and Article 5 of the Additional Protocol to the American Convention in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador). 158 Cf. Case of the Gómez Paquiyauri Brothers, supra note 26, para. 128; Case of Myrna Mack Chang, supra note 40, para. 152; and Case of Juan Humberto Sánchez, supra note 154, para. 110.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos