The Role of the State in Ensuring the Protection of Human Rights in Privately Managed Prisons

Abstract

This essay explores what happens to the State’s human rights obligations to prisoners under the New Zealand Bill of Rights Act 1990 (BORA) when it contracts out the management of a prison to a private operator. The author’s central argument is that although the private operator acquires an obligation not to breach human rights, the State’s obligations do not simply transfer in their entirety to the private operator. The State remains ultimately responsible for protecting the rights of all prisoners. Its role becomes that of “ensurer”, as it must ensure that the rights of prisoners are protected through stringent monitoring and supervision of the private operator, and enforcement of the carefully drafted management contract. ...