Prisoners' rights

The Irish Prison Service, the body responsible for the day-to-day operation of Irish prisons, must respect the rights and entitlements of all those committed to its custody by the courts.

Ireland has also agreed to follow the terms of 4 international treaties which set out standards for the treatment of prisoners. These are:

• European Convention on Human Rights (ECHR)
• European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
• International Covenant on Civil and Political Rights (ICCPR)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

Further guidance is provided by the Council of Europe’s European Prison Rules which set out basic standards for the treatment of prisoners.

The main source of prisoners’ rights is the Prison Rules 2007 to 2020.

The courts have not yet decided that you have a right to marry while you are in prison.

Conjugal visits

You do not have a right to temporary release in order to have sex with your partner. There is also no right to conjugal visits.

If you are married, you have a right to communicate with your spouse, but without privacy. You also have a right to take some part in the education of your children.

Rights of mothers

The child of a female prisoner can be taken into the prison to facilitate breast feeding, until the child is 12 months of age. The child may not be taken from its mother until the medical officer certifies that it is in a fit condition to be removed.

Except in special circumstances, the child will not be kept in the prison after it is 12 months old.

Before taking a child out of prison, the governor must consult with the child’s mother and the Child and Family Agency as to the appropriate placement for the child.

If you want to vote but you are in prison, you should fill out the PV6 application form (pdf). This is an application for a postal vote for registered voters detained in prison.

If you happen to be on parole or temporary release at the time of an election, you are free to vote where you are registered. However, you have no right to temporary release in order to vote at the ballot box. If you are on remand, your rights are the same as if you were a convicted prisoner.

The Electoral (Amendment) Act 2006 enables prisoners to vote by post.

Right to associate

You have a right to communicate with other prisoners while you are working or at recreation. However, you must communicate in an orderly way and you cannot impede the other prisoners' work.

The governor of the prison can take away this right in the interest of good order in the prison.

Right to sanitation and washing facilities

You do not have an absolute right to in cell sanitation and washing facilities. However, if it is possible, adequate sanitary and washing facilities should be provided in your cell or room. Where this is not possible, you must have reasonable access to sanitary and washing facilities.

Right to recreation

If you are involved in indoor work at the prison, you are entitled to daily exercise in the open air for one hour or more.

Where possible, you must be provided with access to indoor space and equipment, suitable for physical recreation, exercise or training.

Right to food

While you are in prison, you must be given a healthy, well-balanced and reasonably varied diet. Where possible, you should be able to observe the dietary practices of your religion or culture. The prison medical officer can approve a change of diet.

Right to healthcare

You should get the same standard of healthcare as a person who has a medical card. Read more about healthcare in prison.

Right to freedom of religion

You do have a right to practise your religion. The prison will provide for basic religious needs but you do not have a right to special requirements.

When you arrive in prison, you will state your religious denomination and if there is no service provided in the prison for your denomination, the prison will allow a religious instructor to visit you.

Right to freedom from discrimination

You have the same right to freedom from discrimination as any other citizen.

Right to privacy

You have a limited right to privacy. For example, you may not to be stripped, searched or bathed in the presence of another prisoner. In addition, you have the right to be exposed to the public view as little as possible while being removed from or to prison. However, you may be photographed. Your right to privacy may be limited for security reasons.

Your telephone calls can be monitored and recorded, except for calls you make to your solicitor or calls you make to counselling services (for example, the Samaritans). A prison officer will open a check any letters you want to send, except for letters to your solicitor or to certain organisations, like the Parole Board, the Minister for Justice and the European Court of Human Rights.

Right to education

You have a right to education while you are in prison.

You have a limited right to bodily integrity. For example, a prisoner's hair cannot be cut without their consent unless the prison doctor considers it necessary on health grounds.

Rights relating to searches and drug testing

You may be searched and you may only be searched by officers of the same sex. The search must be done with due regard to your decency and self-respect and in as appropriate a manner as possible. At no stage should you be left completely naked.

You might have to give a hair, urine or saliva sample for the purpose of detecting the presence or use of alcohol, a controlled drug or a medicinal product.

A search can only be carried out for a genuine purpose, for example, to find forbidden items. A search cannot be carried out simply to harass you.

Right to smoke

Prisoners do not have a right to smoke except in accordance with rules laid down by the governor.

You do not have the right to keep money in prison. You are not allowed to keep all the money and property you brought into the prison or were sent to the prison for your use. They will be placed in the custody of the governor, who will keep an inventory of them. The money will be lodged into an account for your use.

Social welfare payments

To qualify for a social welfare payment, you must meet the rules for the payment. In general, social welfare is not paid while you are in prison because you cannot satisfy one or more of the rules. For example, to get Jobseeker’s Allowance, you must be available for work.

Contributory pensions

You can get State Pension (Contributory) while you are in prison.

You can continue to get the personal rate of Widow’s, Widower’s or Surviving Civil Partners (Contributory) Pension while in prison or in legal custody, if you were getting it before going to prison or being detained. The increase for a qualified child may be paid to another person during this time. 

Invalidity Pension is not payable because you must be permanently incapable of work due to an illness or disability and for no other reason. However, if you were getting Invalidity Pension before going into prison, you can resume your IP when you are released. You do not need to reapply. You will need to provide the Invalidity section with their release papers.

Child Benefit

If you have your baby in prison you will not get Child Benefit until you are released. This is because both mother and child are under the care of the State already.

You can find further information on prisoners' rights in the publication, Know Your Rights: Your Rights as a Prisoner produced jointly by the Irish Council for Civil Liberties and the Irish Penal Reform Trust.