A right to die for prisoners?

• Published date: 02 September 2019
• Date: 02 September 2019
• Pages: 56-66
• DOI: https://doi.org/10.1108/IJPH-07-2019-0036
• Author: Angelika Reichstein
• Subject Matter: Health & social care,Criminology & forensic psychology,Prisoner health,Sociology,Sociology of crime & law,Public policy & environmental management,Policing,Criminal justice

A right to die for prisoners?

Angelika Reichstein

Abstract

Purpose –The purpose of this paper is to explore whether, although the state has a duty to protect

prisoners, there should nevertheless be a right for prisoners to decide when and how they die.

Design/methodology/approach –Utilising a utopian thought experiment, the paper covers a series of

interrelated issues: the aims of punishment, the functions of prisons, the rights of prisoners and the

responsibilities of the state towards inmates. While the paper takes a European focus, it is of interest to a

global audience, as the philosophical ideas raised are universally applicable.

Findings –As the right to die advances in society, so should it advance for prisoners. Once assisted dying

has been legalised, it should also be available for dying prisoners.

Originality/value –The question has so far not been analysed in depth. With an ageing prison population,

however, it is vital that we start engaging with the problems posed by an ageing and dying prison population.

Keywords Health in prison, Human rights, Rehabilitation, Medical ethics, Elderly prisoners, Prisoners

Paper type Research paper

1. Introduction

Death is a given. While we are aware that our d ays are limited, it is a truth we try not to dwe ll

upon. As long as we are hea lthy and (relatively) young, it is easy to ignore. And when thoughts

of mortality creep up we can try to push them aside with the hope of dying peacefully and

without pain in our s leep, at the end of a long , fulfilled life . Sadly, few people e xperience this

type of death[1]. In o rder to alleviate s uffering and/or to a void an undignifie d death, some

individuals pref er to end their lives self-determina tely, either through suicide or thro ugh a form

of assisted dying. However, while all European countries apart from Cyprus have

decriminalised suicide, only four (Belgium, Luxembourg, th e Netherlands and S witzerland)

permit some form of le gal “assisted suicide”.

The question whether prisoners should be granted a right to die raises three complex,

interrelated questions. How far can society’s interest in punishment go, where does the duty of

the state to protect prisoners end, and what are the specific rights of prisoners? This last

question leads to further ones: to what extent do and should prisoners have personal autonomy?

What does “dignity”mean in the context of prisoners’treatment? How “dignified”should

prisoners’treatment be?

This paper is a utopian thought experiment. Few European jurisdictions are close to

implementing a “right to die”for citizens, and they are even further away from a “right to die”

for prisoners. But that does not mean we should not engage with the idea. When we engage in

utopian thinking, considering what our society could and should look like, we can come across

and highlight shortcomings and problems of the status quo. As Hedrén (2009) puts it:

Utopian thought has the potential to work as an impulse or a driving force, inspiring development

activities at many levels. The more concrete the forms are that it takes, the more it will stimulate

reflections on the opportunities and shortcomings linked to what is conceived to be achievable

measures and optional development paths (p. 221).

“In Lawlandia’s prison HMP Noplace, a new approach to prisoners’rights has been introduced.

New prisoners proceed through reception and induction as usual, with only one difference: after a

Received 6 July 2019

Revised 16 July 2019

Accepted 17 July 2019

Angelika Reichstein is based at

the Law School, University of

East Anglia, Norwich, UK.

PAG E 56

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INTERNATIONALJOURNAL OF PRISONER HEALTH

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VOL. 16 NO. 1 2020, pp. 56-66, © Emerald PublishingLimited, ISSN 1744-9200 DOI 10.1108/IJPH-07-2019-0036