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UBC Theses and Dissertations

The right of prisoners to education Bastion, Arlene

Abstract

Punishment is an acknowledged method of enforcing the law. Forms of punishment may differ, but the main aims remain the same—first, to discourage transgression of the law, thus maintaining order in society. Second, it is hoped, by some at least, that prisoners will be reformed by or during their punishment. This dissertation raises questions about the status and legal rights of individuals who are subject to the dominant form of punishment in Canada—incarceration. The questions are: Can prisoners continue to be regarded as persons and right-holders during incarceration? Can prisoners, then, have a right to education? If so, should such a right be made a legal right? The answer one gives to these questions clearly has important bearings on the status of prisoners during their incarceration. It is argued that prisoners retain their status as persons while incarcerated, that they do have rights, in particular the right to education, and that such a right should be made a legal right. Justice dictates that only relevant differences or just cause can provide acceptable justification for withholding rights from prisoners. That punishment is being inflicted on certain persons does not offer/provide adequate grounds for denying their right to education. Indeed, a legal right to education is warranted to ensure their access to education. Thus, the first proposition is that apart from the loss of rights necessary to protect society and the prison, and in order to fulfil the criteria of punishment, prisoners continue to hold rights held by other persons, in particular the right to education. This position is defended by considering arguments that prisoners have a moral right to education. These are: 1. The Argument from Incarceration 2. The Argument from The Effects of Punishment 3. The Argument from Punishment of Persons 4. The Argument from Fraternal Obligation 5. The Argument from Social Effects 6. The Argument from Benefits to the Collective 7. The Argument from Equality The second proposition that this right ought to be made a legal right rests essentially on three premises: 1. That education can contribute to the successful achievement of the goals of incarceration. 2. However, education is not considered a priority. 3. As it now stands, there is no effective way to enforce and sustain education in prisons. With a legal right to education, prisoners would have some basis for objecting to inadequate educational facilities and opportunities. A legal right would safeguard fair treatment and ensure equal opportunities to education.

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