Explainer: understanding prison and penal reform

Photo: UNODC

A immunization against COVID-19 underway at a prison in Uganda.

Many leaders around the world promise to be ‘tough on crime’, believing that stricter sentences and harsh prison conditions will scare off would-be offenders. But if this is the case, why does the United Nations work to ensure that people are only imprisoned when strictly necessary, and to improve conditions for those behind bars?

Find out what prison and penal reform is and why it’s needed below.

1. What is prison and penal reform?

Prison and penal reform can involve many different things, but in essence it’s about ensuring that prisons are safe, secure and respect human rights. It is also about changing the penal system to make incarceration a measure of last resort and prioritize rehabilitation for offenders both in prison and in the community.

Prison and penal reform is not about being ‘soft on crime’ or about questioning the fact that those who have committed a criminal offence should be held accountable. It is about responding to crime in the most humane, safe and effective way.

2. Isn’t the point of prison to punish people and deter crime?

People are sentenced to imprisonment as punishment in itself, not for additional punishment. While being deprived of their right to liberty, prisoners retain their other human rights, with the exception of those which are restricted by the very fact of being in prison. Prison reform is necessary to ensure that this principle is upheld and that the human rights of prisoners are protected.

Aside from the fact that we must respect all people’s human rights, there is evidence showing that it is not harsh sentences or inhumane prison conditions that reduce or deter crime, but the perceived probability of being caught.

In addition, the vast majority of those in prison will eventually be released to become our future neighbours. To prevent reoffending, it is in all of our best interests that prisoners receive support on their path towards reintegrating into society as productive and law-abiding citizens.

What is needed is an approach that harmonizes legitimate security and safety considerations with humane treatment and rehabilitation. This is the essence of the Nelson Mandela Rules, which outline universally recognized minimum prison standards and offer the blueprint for good prison management in the 21st Century. When followed, they ensure safe, efficient prison management that prioritizes rehabilitation, protects human rights and ensures dignity for all.

3. What are prisons actually like in the world today?

Many prisons systems are in a state of crisis and neglect, rarely reaching the top of government’s long list of priorities. At the same time, according to data from the UN Office on Drugs and Crime (UNODC), the global prison population is increasing, reaching 11.5 million in 2022.

While there are regional specificities, countries around the world face a number of similar major challenges in their penal systems.

Overuse of pre-trial detention
Nearly a third of the global prison population remain unsentenced, with extensive costs to the state, communities, families and individuals.
Overcrowding
In 60% of countries around the world, facilities are overcrowded, and 1 in 4 nations are grappling with an alarming 150%+ capacity. This is an acute global human rights, health and security crisis.
Inadequate conditions and poor prison health
Budget, resource and capacity constraints lead to unliveable conditions and poor prison health in many countries. Contagious diseases spread fast in prisons, and from there travel out to the wider community.
Compromised safety and security
Overcrowded, underfunded prisons with a lack of tailored training for prison officers and ineffective management cannot ensure security. In fact, poorly equipped and managed prisons can create a situation in which crime flourishes within and beyond prison walls.
Discrimination and inequality
Prisons reinforce existing inequalities, with an overrepresentation of marginalized communities and insufficient attention being paid to those who are particularly vulnerable in prisons, including women, youth, persons with disabilities and other prisoners with special needs.

For more information on the current state of prisons around the world: UNODC’s prison data brief.

4. Why is prison and penal reform important?

Prison and penal reform offers benefits not only to the lives of incarcerated individuals but to their families, communities and society as a whole.

Increased dignity
Prisoners are people, and prisoner rights are human rights. Protecting these rights is fundamental to our dignity as a society.
Safer communities
While crime flourishes in poorly managed prisons, those that respect rights and focus on rehabilitation mean prisoners are less likely to reoffend – an important contribution to public safety.
Healthier societies
By improving health inside prisons, we keep the wider community healthier too. Prison health is public health.
Stronger communities
Imprisonment can disrupt social cohesion and cause long-lasting impoverishment of families and communities. Limiting imprisonment to a measure of last resort and working to maintain family ties reduces this damaging impact.
Boosted public finances
Imprisoning a person is expensive and comes with long-term indirect costs. Penal reform can save governments vast amounts of money, while supporting individuals to become productive members of society.
Fairer justice systems
Evidence-based reform supports the timely provision of trials and proportionate sentencing, making hope and the fair and effective delivery of justice a reality for many more people.

5. What does UNODC do on prison and penal reform?

UNODC works with over 50 Member States around the world on three key areas:

Reducing the scope of imprisonment to address overincarceration and prison overcrowding
Enhancing prison management and improving prison conditions
Fostering the rehabilitation and social reintegration prospects of offenders

All support is based on international human rights law and the UN standards and norms in crime prevention and criminal justice, in particular the Nelson Mandela Rules, the Bangkok Rules on gender-responsive offender management and the Tokyo Rules on non-custodial measures.

Further information

Prison and penal reform is a vital part of UNODC’s work to achieve health, security and justice for all. You can find out more and support our work by...

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