Conjugal Visits For Inmates As A Human Right – The Zambian Context: Lessons Drawn From India And Other Jurisdictions.

Abstract

The purpose of this research was to discuss conjugal visits for inmates as a human right in the Zambian context and drawing lessons from India and other jurisdictions. This research focused on examining whether or not conjugal visits as a concept in human rights should be adopted in Zambia. This research also examined the rights of inmates with a focus on conjugal and other related rights. Furthermore, this research went on to examine the international best practices governing human rights of inmates and conjugal visits for inmates. In addition, the research also discussed various international instruments and cases which advocate for the rights of inmates and that where conjugal visits are allowed, they should be applied without discrimination, and female prisoners should be allowed to exercise this right on an equal basis with their male counterparts. This research found that in Zambia, the Zambia Correctional Service Act does not expressly provide for conjugal visits but that it provides for the Commissioner General to allow an inmate to be absent from the correctional centre with permission. This can be viewed as an opportunity to implement conjugal visits for inmates in Zambia through the establishment of an independent committee. The research also recommends that there is a need for Zambia to adopt conjugal visits as a matter of human rights so as to ensure that prisoners enjoy their rights. This research was qualitative in nature and relied on primary and secondary sources. The sources were obtained through desktop research. The primary sources that were relied on were mainly statutes while the secondary sources included review of books, journal articles, and online sources.