THE WAY OF ENFORCING THE CULTURAL RIGHTS OF PRISONERS IN THE POLISH AND HUNGARIAN PRISONS: THE AS...

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THE WAY OF ENFORCING THE CULTURAL RIGHTS OF PRISONERS IN THE POLISH AND HUNGARIAN PRISONS: THE ASPECTS OF CREATIVITY 作者: Mind Map: THE WAY OF ENFORCING THE CULTURAL RIGHTS OF PRISONERS IN THE POLISH AND HUNGARIAN PRISONS: THE ASPECTS OF CREATIVITY

1. October

1.1. Daria's notes

1.1.1. https://www.sw.gov.pl/aktualnosc/Sztuka-zza-krat

1.1.2. https://wronki.naszemiasto.pl/wronki-muzyka-w-zakladzie-karnym-poziom-zero-laczy/ga/c1-8016547/zd/58129549

1.1.3. https://www.sw.gov.pl/aktualnosc/zaklad-karny-zabrze-i-ogolnopolski-turniej-szachowy-dla-osob-pozbawionych-wolnosci

1.1.4. https://www.artofliving.org/pl-pl/program-prison-smart

1.1.5. https://zamek.krosnoodrzanskie.pl/nie-tracac-czasu-odbywajac-kare-pozbawienia-wolnosci-nowa-wystawa-w-krosnienskim-zamku/

1.2. Questions to Daria

1.2.1. Does the Polish systeh enable prisoners to use IT, INTERNET?

1.2.2. • Reliance on the notion of cultural rights raises a lot of additional human rights questions that remain unadressed e.g. how to allow people who commit crime to contact with people outside without changing the nuisances connected with staying in prison? • How to use multimedia in penitentiary system? • How to create the conditions permitting inmates to feel freedom of artistic and cultural expressions without forgetting about the purpose of imprisonment?

1.2.2.1. Prison is a part of penitentiary system which consists of different elements. The methods using in penitentiary system depend on the type of penitentiary institution and the type of crime which commited the prisoner. The programmes implemented in prisons take into account legal rights, digital rights and allow prisoners to externalize their artistic expressions.

1.2.3. • Why is a right to employment considered to be a cultural rather than an economic or social right?

1.2.3.1. Economic, social, and cultural rights include the human right to education, the right to an adequate standard of living, including food, clothing, and housing, the right to physical and mental health, the right to social security, the right to a healthy environment and of course the right to work. The rights mentioned above are part of the body of human rights law that were created after the World War II. Human rights law includes all economic and social rights, as well as civil and political rights like the right to free speech and the right to a fair trial. These rights are strongly intertwined. The right to work means little if you are not allowed to meet and assemble in groups to discuss work conditions.

1.2.4. • Why is the issue of digital human rights not examined even though the Internet is a medium that could effectively fight isolation caused by imprisonment and provide access to culture?

1.2.4.1. Internet would be acceptable in prison for preparing inmates for release. Internet allows to communicate with people outside. It must be not be forgotten that inmates are in specific situation related to being in isolation, which is related to their being held criminally responsible for the committed crime that is inconsistent of with the principles and norms of social coexistence. We should understand what prison is and that it is and who is prisoner. Although maintaining relationships with the family, work, education and culture are important in social rehabilitation work, prison is to create ailments for inmates and isolate from society while serving a sentence, and society from the convict. A system would have to be developed by specialists from various fields, enabling the use of the Internet while performing all the functions assigned to the penalty of deprivation of liberty.

1.2.5. Hi art - Low art? What's the meaning between them, in this context?

2. 3

2.1. Reliance on the notion of cultural rights raises a lot of additional human rights questions that remain unaddressed e.g.

2.1.1. Why is a right to employment considered to be a cultural rather than an economic or a social right?

2.1.2. Why is the right to contact the outside world an element of cultural rights although the European Court of Human Rights treats it as an element of the right to privacy?

2.1.3. Why is freedom of artistic expression as an aspect of the general freedom of expression (which pertains to the category of civil rights) not examined even though issues of artistic expression are actually touched upon?

2.1.4. Why is the issue of digital human rights not examined even though the Internet is a medium that could effectively fight isolation caused by imprisonment and provide access to culture?

2.1.4.1. Internet would be acceptable in prison for preparing inmates for release.

2.1.5. What are and what should be the legal limits for exercising the relevant human rights in the imprisonment context?

3. 1

3.1. Comparative analysis of the two countries would be appreciated.

3.2. Conclusions should reflect the comparative nature of research.

4. 2

4.1. As an overview of only one of the two countries (Hungary) relies on the concept of cultural rights, it would be advisable to change the title of the paper to better reflect the core argument of the paper.