![]() They are also subjected to a broad range of strict requirements. Most prison systems in the US have restrictions on conjugal visits, as they only allow them for married couples and do not permit same-sex conjugal visits, which has drawn controversy and court cases from LGBTQ activists. The legality of conjugal visits is far from straightforward, and this is the reason why the policy will vary depending on the country and state. The legal and ethical implications of conjugal visits in prisons Some critics argue that conjugal visits are a privilege that should only be granted to well-behaved inmates, while others believe that they should be available to all inmates as a basic human right. However, there are still concerns about the potential for abuse and the cost of implementing and maintaining these programs. Some states have even expanded their programs to include same-sex couples and domestic partners. Studies have shown that maintaining family ties can reduce recidivism rates and improve the chances of successful reintegration into society after release. In recent years, there has been a renewed interest in conjugal visitation programs as a means of improving the mental health and well-being of inmates. ![]() The reduction of conjugal visit programs was among the responses used to address these problems. The focus shifted from rehabilitation to punitive measures, and prison violence and sexual assaults became significant issues. However, as the number of incarcerated individuals and the length of sentences increased, the practice gained fewer supporters. The visits were intended to relieve the stress that comes with being locked up for long periods of time, to preserve marital and familial bonds, and to reduce sexual tension and violence within the facilities.īy the 1930s, the practice had spread throughout the US prison system, except for a few states where it was banned. But how did this practice develop, and what are its implications and consequences? The history and evolution of conjugal visits in prisonsĬonjugal visitation programs in the United States emerged in the early 1900s, primarily in the western US as part of a broader attempt to improve the conditions of prison inmates. However, over the years, some prisons have adopted policies allowing inmates to have conjugal visits with their spouses or romantic partners in designated areas within the facility. Hence, it is recommendable for Ethiopia to recognize prisoners’ conjugal visits via integration into its domestic legal framework.In many cultures, the criminal justice system has long been criticized for failing to recognize the importance of familial relationships and the role they play in helping those incarcerated to re-enter society upon release. Further, no other subsidiary legislation has conferred right to conjugal visit to prisoners. No interpretation is also made to clarify whether the constitution intends to deny the rights of the prisoners to conjugal visits or otherwise. The Federal Democratic Republic of Ethiopia (FDRE) Constitution neither clearly allows nor prohibits the rights of the prisoners to conjugal visits. Accordingly, the research finding shows that, in Ethiopia, the jurisprudence on the concept of conjugal rights is in its infancy stage. Doctrinal legal research methodology is employed to assess the legal status of conjugal visits under Ethiopian laws. In addition, conjugal visits can incentivize good prisoners behavior and rehabilitation in prisons. Further, denial of conjugal rights to the prisoners’ spouses could be a form of punishment for innocent victims. Despite the debates against it, studies have revealed that allowing conjugal visits for prisoners can reduce the problems of homosexuality, sexual assaults, and physical violence in prisons. The arguments in favor of it are based on the human rights’ approach and its advantages for the reintegration of inmates, while the arguments against it are based on the difficulty in administering it and the lack of resources. There are numerous arguments for and against conjugal visits. The right to Conjugal visit is recognized inherent right of married prisoners that extends up to the right to have sex and procreation. Human rights, conjugal rights, prisoners, family visits Abstract
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