"A person is a being to which is attributed a relative autonomy in relation to the environment with which it is most immediately in contact."

– Emile Durkheim

AUTONOMY

Autonomy refers to the capacity or freedom of an individual, entity, or system to govern itself, make its own decisions, and act independently. The concept is broad and can be applied to various contexts, including personal autonomy, political autonomy, organisational autonomy, and autonomy in artificial intelligence. Execution of justice is often viewed as black and white, rather than fluid. You are in prison or outside. Can we transform the idea of reintegration into a gradual regain of autonomy? How can a detention house support the growth of an individual in their autonomy as a citizen? If so, how do we shape that?

core questions

01.
How do agency and limitations in freedom interact in a detention house?
02.
What examples of autonomy can be applied in a detention house? And for whom?
03.
Instead of working with risk-based criteria, can we work more on the basis of needs?
04.
How should autonomy be understood in a detention house?

AUTONOMY

Autonomy refers to the capacity or freedom of an individual, entity, or system to govern itself, make its own decisions, and act independently. The concept is broad and can be applied to various contexts, including personal autonomy, political autonomy, organisational autonomy, and autonomy in artificial intelligence. Execution of justice is often viewed as black and white, rather than fluid. You are in prison or outside. Can we transform the idea of reintegration into a gradual regain of autonomy? How can a detention house support the growth of an individual in their autonomy as a citizen? If so, how do we shape that?

core questions

01.
How do agency and limitations in freedom interact in a detention house?
02.
What examples of autonomy can be applied in a detention house? And for whom?
03.
Instead of working with risk-based criteria, can we work more on the basis of needs?
04.
How should autonomy be understood in a detention house?

COMMUNITY​

Meet colleagues across Europe pursuing the same goal. Contribute your knowledge to the community. Be the first to hear the latest developments on small scale forms of detention. Unlock your curiosity and become part of the RESCALED community.

Manu Pintelon
[Belgium] Manu Pintelon, a Belgian criminologist, serves as the national coordinator of RESCALED. Since 2019, he has been actively championing the cause of detention houses through his national non-governmental organization, De Huizen. Remarkably, his advocacy efforts have proven impactful in persuading the national government to undertake the implementation of detention houses. For more information: manu@dehuizen.be
Marc Schneider
[France] Marc Schneider is active as an expert coordinating programs and projects funded by international donors. He is mostly active on issues related to private sector developments, governance or civil society. He also assists institutions, including companies, mostly SME’s in doing business with Rwanda and Ethiopia he is very familiar with over 20 years activities there. For more information: marc.schneider@farapej.fr
Esteve Serna Rosselló
[Spain - Mallorca] Esteve Serna Rosselló, with a humanistic background in philosophy and theology, specialized in social education and intervention in social projects in the field of justice and prison. He has developed his professional career in the field of social reintegration programs for the prison population, working for the last 25 years directly with the prisons in their community. Currently, he is responsible for the PIS D’ACOLLIDA Penitentiary Pastoral program. For more information: pisacollida@gmail.com
Marion Moulin
[France] Marion Moulin, the director of Association Possible, initially studied law and spent four years working in prisons to enhance legal access for detained people. Following this, she has worked with a French non-governmental organisation, focusing on developing alternative structures to prisons. For more information: marion.moulin@association-possible.fr
Toine Bakermans
[The Netherlands] Toine Bakermans, visual arts and design teacher, artist, coach and advisor, is affiliated with the Nieuwe Kans Foundation and sits on the board of the Bonjo Foundation. He challenges social norms, pushes the boundaries, but stays within the law. He is an experienced practitioner who knew the struggle of turning criminal from unemployed to working citizen. Bakermans' artistic freedom allows him to think about life outside the system, reflecting his commitment to pushing boundaries responsibly. For more information: a.bakermans@xs4all.nl
Part II. INDIVIDUAL
Human dignity and identity
Art. 3

Right to autonomy

  1. The right to autonomy and self-determination shall be respected and only be restricted as far as strictly necessary.
  2. Personal autonomy shall be individually-tailored and promoted through the contact with the local community, freedom of movement within the detention house, control over schedule and daily life activities and empowerment to fulfil one’s own needs and achieve one’s own goals.
Part II. INDIVIDUAL
Material living conditions
Art. 15

Homestay

  1. Incarcerated people have the right to access various living spaces in the detention house and its green spaces. They shall be encouraged to acquire responsibility by taking up household tasks and contributing to communal life in the detention house.
  2. Household tasks such as cleaning, laundry, cooking, etc. shall be shared among all persons living in the detention house.
  3. Incarcerated people are free to wear clothing of their choice. Those who do not have clothing of their own shall be provided with clothing by the detention house. Every person shall have access to facilities to do the laundry, drying and ironing in order to maintain their own clothing.
  4. Household and personal hygiene shall be respected and properly maintained at all times, with attention to individual needs concerning hygiene (women, elderly people, people with disabilities, people with specific medical requirements, etc.). Incarcerated people shall have access to sanitary facilities that are hygienic and guarantee privacy. They shall be provided with toiletries and cleaning materials for this purpose.
  5. Personal hygiene shall also encompass rituals that contribute to personal well-being such as haircuts, shaving, and use of cosmetics, which shall be done in establishments in the local community, if possible.
  6. Rooms in the detention house may be personalised and personal space shall be respected.
  7. The detention house shall provide for open-air and green spaces. Individuals shall be encouraged to spend time in open-air spaces in the community, especially when this is not available in the detention house.
Art. 16

Personal belongings

  1. Individuals shall be allowed to maintain their personal belongings in the detention house such as personal clothing and shoes; toiletries; books, periodicals and writing materials; publications of spiritual and religious content and personal objects of spiritual and religious worship; objects with particular emotional value; items that are important for reasons of health; and any other objects that are justified by the individual needs of each person.
Art. 17

Money

  1. Incarcerated individuals shall be encouraged to manage their own finances and use their money to obtain goods and services in the local community. The detention house shall provide for and promote financial literacy.
Art. 18

Nutrition

  1. Individuals in a detention house shall have autonomy to choose their own food and be facilitated to maintain a nutritious diet that takes into account their age, health, physical condition, religion, culture and the nature of their work.
  2. The requirements of a nutritious diet to be provided for incarcerated individuals, including its minimum energy and protein content, shall be prescribed in national law.
  3. All residents and staff shall be involved in organising meal routines. Fresh and local produce shall be prioritised.
  4. Food shall be prepared by each individual themselves, alone or collectively, in a hygienically manner. In cases where individuals are not able to prepare food for themselves for a number of reasons, residents or staff members shall provide help in the preparation.
  5. There shall be at least three meals a day with reasonable intervals between them.
  6. Clean drinking water shall be available and free to people in a detention house at all times.
  7. In cases where a more specific diet is medically necessary for the health of the person in a detention house, a medical practitioner, nurse or dietician from the local community shall be consulted.
PART III. FACILITY

Social climate

Art. 31

Social health and mutual trust

  1. Each detention house in a community shall be characterised by mutual trust, safety, belonging and access to education, work, health care and connectivity with the local community.
    1. The basis of a detention house shall be mutual trust between staff, management and people in detention, as well as with the local community.
    2. Safety inside the detention house and its outside parameter is characterized by relational, procedural and static elements elaborated in articles 35, 36 and 37.
    3. A detention house shall be part of the strong local community. This presupposes that embeddedness is realized and taken care for from the early planning and realization to the operational phase of the detention house.
  2. Staff shall offer a tailor-made approach for each individual person in the detention house in establishing safety and promoting optimal development.
  3. The detention house shall be a therapeutic place where people’s needs shall be met, criminogenic risks shall be addressed, strengths and protective factors shall be built upon.
Art. 34

A solid security framework shall be set up where in each setting there are three distinct, but inter-related elements of security: relational security, procedural security and static security.

  1. Relational security shall be at the core of the security framework.
Art. 35

Relational security

  1. A personal approach shall better ensure relational security and enable the crafting of tailor-made reintegration trajectories.
  2. Staff shall prioritize building positive relationships and open communication with people in detention as a fundamental aspect of maintaining relational security.
  3. Staff shall strive to understand the personal situations of people in detention, including their individual challenges and vulnerabilities.
  4. Staff shall strive to create an open-door policy.
  5. Staff shall be expected to regularly walk through their assigned areas to maintain a visible presence and be available and approachable for people in detention.
  6. Encouraging positive behavior is a fundamental aspect of relational security. Consequently, it shall be crucial to provide constructive activities and programs to all individuals.
  7. Regular communication, positive relations, and the exchange of relevant information among all staff shall be essential for maintaining relational security.
  8. Staff shall consistently uphold a balance of firmness and fairness in their interactions with people in detention, ensuring that rules and regulations are enforced while respecting their rights.
  9. A consistent approach shall be maintained when addressing inappropriate behaviour among people in detention.
  10. All requests made by people in detention shall be followed up in a timely manner to maintain trust and credibility.
Art. 36

Procedural security

  1. Procedural security shall prioritize and facilitate relational security; it shall provide the essential framework for relational security without compromising its effectiveness.
  2. Procedures shall be clearly defined and, where relevant in the context of relational security, available to people in detention at all times. 
  3. Detention houses shall conduct and document risk assessments. It shall be communicated why these assessments are important for the proper functioning of the facility and the safety of the environment.
  4. At the beginning of a person's stay in a detention house, the risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. The counting of persons in detention shall be conducted in a manner consistent with relational security that does not disrupt the daily program of people in detention while maintaining the security and safety of the facility.
  6. House rules shall be discussed and established in consultation with individuals in detention whenever feasible and in accordance with the principles of relational security.
  7. Individually based restrictions placed on people in detention shall be the minimum necessary and proportionate to the legitimate objective for which they are imposed
Art. 37

Static security

  1. Static security shall prioritize and facilitate relational security; it shall provide the essential framework for relational security without compromising its effectiveness.
  2. People shall not be placed under higher levels of security than necessary to reasonably ensure public and institutional safety, permitting them to build on protective factors and maintain a positive relationship with the local community whenever possible.
  3. The lowest possible level of static security shall be given preference for each person in the detention house.
  4. A tailored justice system shall at all times subject people to the least restrictive setting possible; and recognize that individual risk and needs are dynamic and change over time.
  5. Deprivation of liberty shall be a sliding scale of high levels of deprivation of liberty to the lowest level of deprivation of liberty. For each person, the degree of autonomy shall be determined by the staff, if possible, in consultation with the person in detention.
  6. The use of technological security shall not exceed the purposes of static security.
  7. The application of technology shall never stand alone; but fit within the framework of procedural security and detract as little as possible from relational security.
PART III. FACILITY

Time and time-use

Art. 52

Daily routines

  1. Detention houses shall be differentiated in terms of size, people living at the facility, activities offered and daily routines, unless otherwise determined by a national of local body for specific reasons.
  2. Justice settings and programs shall be tailored to the unique challenges that each person faces and should promote developmental competencies, strengths and resources within each unique individual (e.g., self-esteem, autonomy) and their context (e.g., employment, social relationship, financial stability). 
  3. Daily routines shall be, at any time, negotiable and adaptable. People in the detention house shall be responsible for their daily routines themselves. 
  4. In the daily routines there shall be attention to both group activities as well as individual activities.
  5. A detention house shall have a fixed daily routine that creates predictability, but also leaves space for personal interpretation and spare time.

THE EUROPEAN RULES ON DETENTION HOUSES​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

European Rules on Detention Houses [ERDH]

THE EUROPEAN RULES ON DETENTION HOUSES​​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

Part II. INDIVIDUAL
Human dignity and identity
Art. 3

Right to autonomy

  1. The right to autonomy and self-determination shall be respected and only be restricted as far as strictly necessary.
  2. Personal autonomy shall be individually-tailored and promoted through the contact with the local community, freedom of movement within the detention house, control over schedule and daily life activities and empowerment to fulfil one’s own needs and achieve one’s own goals.
Part II. INDIVIDUAL
Material living conditions
Art. 15

Homestay

  1. Incarcerated people have the right to access various living spaces in the detention house and its green spaces. They shall be encouraged to acquire responsibility by taking up household tasks and contributing to communal life in the detention house.
  2. Household tasks such as cleaning, laundry, cooking, etc. shall be shared among all persons living in the detention house.
  3. Incarcerated people are free to wear clothing of their choice. Those who do not have clothing of their own shall be provided with clothing by the detention house. Every person shall have access to facilities to do the laundry, drying and ironing in order to maintain their own clothing.
  4. Household and personal hygiene shall be respected and properly maintained at all times, with attention to individual needs concerning hygiene (women, elderly people, people with disabilities, people with specific medical requirements, etc.). Incarcerated people shall have access to sanitary facilities that are hygienic and guarantee privacy. They shall be provided with toiletries and cleaning materials for this purpose.
  5. Personal hygiene shall also encompass rituals that contribute to personal well-being such as haircuts, shaving, and use of cosmetics, which shall be done in establishments in the local community, if possible.
  6. Rooms in the detention house may be personalised and personal space shall be respected.
  7. The detention house shall provide for open-air and green spaces. Individuals shall be encouraged to spend time in open-air spaces in the community, especially when this is not available in the detention house.
Art. 16

Personal belongings

  1. Individuals shall be allowed to maintain their personal belongings in the detention house such as personal clothing and shoes; toiletries; books, periodicals and writing materials; publications of spiritual and religious content and personal objects of spiritual and religious worship; objects with particular emotional value; items that are important for reasons of health; and any other objects that are justified by the individual needs of each person.
Art. 17

Money

  1. Incarcerated individuals shall be encouraged to manage their own finances and use their money to obtain goods and services in the local community. The detention house shall provide for and promote financial literacy.
Art. 18

Nutrition

  1. Individuals in a detention house shall have autonomy to choose their own food and be facilitated to maintain a nutritious diet that takes into account their age, health, physical condition, religion, culture and the nature of their work.
  2. The requirements of a nutritious diet to be provided for incarcerated individuals, including its minimum energy and protein content, shall be prescribed in national law.
  3. All residents and staff shall be involved in organising meal routines. Fresh and local produce shall be prioritised.
  4. Food shall be prepared by each individual themselves, alone or collectively, in a hygienically manner. In cases where individuals are not able to prepare food for themselves for a number of reasons, residents or staff members shall provide help in the preparation.
  5. There shall be at least three meals a day with reasonable intervals between them.
  6. Clean drinking water shall be available and free to people in a detention house at all times.
  7. In cases where a more specific diet is medically necessary for the health of the person in a detention house, a medical practitioner, nurse or dietician from the local community shall be consulted.
PART III. FACILITY

Social climate

Art. 31

Social health and mutual trust

  1. Each detention house in a community shall be characterised by mutual trust, safety, belonging and access to education, work, health care and connectivity with the local community.
    1. The basis of a detention house shall be mutual trust between staff, management and people in detention, as well as with the local community.
    2. Safety inside the detention house and its outside parameter is characterized by relational, procedural and static elements elaborated in articles 35, 36 and 37.
    3. A detention house shall be part of the strong local community. This presupposes that embeddedness is realized and taken care for from the early planning and realization to the operational phase of the detention house.
  2. Staff shall offer a tailor-made approach for each individual person in the detention house in establishing safety and promoting optimal development.
  3. The detention house shall be a therapeutic place where people’s needs shall be met, criminogenic risks shall be addressed, strengths and protective factors shall be built upon.
Art. 34

A solid security framework shall be set up where in each setting there are three distinct, but inter-related elements of security: relational security, procedural security and static security.

  1. Relational security shall be at the core of the security framework.
Art. 35

Relational security

  1. A personal approach shall better ensure relational security and enable the crafting of tailor-made reintegration trajectories.
  2. Staff shall prioritize building positive relationships and open communication with people in detention as a fundamental aspect of maintaining relational security.
  3. Staff shall strive to understand the personal situations of people in detention, including their individual challenges and vulnerabilities.
  4. Staff shall strive to create an open-door policy.
  5. Staff shall be expected to regularly walk through their assigned areas to maintain a visible presence and be available and approachable for people in detention.
  6. Encouraging positive behavior is a fundamental aspect of relational security. Consequently, it shall be crucial to provide constructive activities and programs to all individuals.
  7. Regular communication, positive relations, and the exchange of relevant information among all staff shall be essential for maintaining relational security.
  8. Staff shall consistently uphold a balance of firmness and fairness in their interactions with people in detention, ensuring that rules and regulations are enforced while respecting their rights.
  9. A consistent approach shall be maintained when addressing inappropriate behaviour among people in detention.
  10. All requests made by people in detention shall be followed up in a timely manner to maintain trust and credibility.
Art. 36

Procedural security

  1. Procedural security shall prioritize and facilitate relational security; it shall provide the essential framework for relational security without compromising its effectiveness.
  2. Procedures shall be clearly defined and, where relevant in the context of relational security, available to people in detention at all times. 
  3. Detention houses shall conduct and document risk assessments. It shall be communicated why these assessments are important for the proper functioning of the facility and the safety of the environment.
  4. At the beginning of a person's stay in a detention house, the risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. The counting of persons in detention shall be conducted in a manner consistent with relational security that does not disrupt the daily program of people in detention while maintaining the security and safety of the facility.
  6. House rules shall be discussed and established in consultation with individuals in detention whenever feasible and in accordance with the principles of relational security.
  7. Individually based restrictions placed on people in detention shall be the minimum necessary and proportionate to the legitimate objective for which they are imposed
Art. 37

Static security

  1. Static security shall prioritize and facilitate relational security; it shall provide the essential framework for relational security without compromising its effectiveness.
  2. People shall not be placed under higher levels of security than necessary to reasonably ensure public and institutional safety, permitting them to build on protective factors and maintain a positive relationship with the local community whenever possible.
  3. The lowest possible level of static security shall be given preference for each person in the detention house.
  4. A tailored justice system shall at all times subject people to the least restrictive setting possible; and recognize that individual risk and needs are dynamic and change over time.
  5. Deprivation of liberty shall be a sliding scale of high levels of deprivation of liberty to the lowest level of deprivation of liberty. For each person, the degree of autonomy shall be determined by the staff, if possible, in consultation with the person in detention.
  6. The use of technological security shall not exceed the purposes of static security.
  7. The application of technology shall never stand alone; but fit within the framework of procedural security and detract as little as possible from relational security.
PART III. FACILITY

Time and time-use

Art. 52

Daily routines

  1. Detention houses shall be differentiated in terms of size, people living at the facility, activities offered and daily routines, unless otherwise determined by a national of local body for specific reasons.
  2. Justice settings and programs shall be tailored to the unique challenges that each person faces and should promote developmental competencies, strengths and resources within each unique individual (e.g., self-esteem, autonomy) and their context (e.g., employment, social relationship, financial stability). 
  3. Daily routines shall be, at any time, negotiable and adaptable. People in the detention house shall be responsible for their daily routines themselves. 
  4. In the daily routines there shall be attention to both group activities as well as individual activities.
  5. A detention house shall have a fixed daily routine that creates predictability, but also leaves space for personal interpretation and spare time.
EUROPEAN RULES ON DETENTION HOUSES [ERDH]

European organisations

Publications
1
2
3
4
5
6

Publications

No, Trading Flesh for Prison Time Is Not “Bodily Autonomy”
No, Trading Flesh for Prison Time Is Not “Bodily Autonomy”
EXERCISE AUTONOMY WITHIN A SMALL-SCALE DETENTION HOUSE
EXERCISE AUTONOMY WITHIN A SMALL-SCALE DETENTION HOUSE
Prison and Autonomy: Implicit psychological markers of the sense of agency in detention
Prison and Autonomy: Implicit psychological markers of the sense of agency in detention
Learning Lab #1 Relational security
Learning Lab #1 Relational security
Outward Bond
Outward Bond
6th World Congress: The future of probation and parole
6th World Congress: The future of probation and parole

Webinar #11 Relational security

The goal of the European Guidelines on working with relational security in small-scale forms of detention is to develop a shared perspective on working in detention houses. The aim of growing the knowledge and network about detention houses is to create a supportive ecosystem for people in detention houses that is dependent on the culture that people create together.

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Co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the European Commission can be held responsible for them.

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