EPEA
Explanatory memorandum to the recommendations
On the 8th of April 2026, the Council of Europe adopted a new set of recommendations outlining the needs and responsibilities concerning the education of imprisoned persons in Europe.
In 1989, the Council of Europe adopted Recommendation No. Rec(89)12 of the Committee of Ministers to member States on education in prison. This forward looking and educationally grounded Recommendation coupled with its Explanatory Memorandum set the benchmark for the development and provision of quality education in European prisons. Since then, growing prison populations and shifting policy priorities, together with advances in digital learning and educational research, have necessitated a fundamental review of the original Recommendation.
These recommendations form the basis of the work and advocacy of the European Prison Education Association, and have been ratified in the educational policies of a number of European countries, still we have a long way to go to ensure that the recommendations are sufficiently implemented across Europe and internationally.
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe (ETS No. 1),
Considering that the aim of the Council of Europe is to achieve greater unity among its members and that this aim can be pursued notably by common action in ensuring equal access to good quality education for all;
Having regard to the European Convention on Human Rights (ETS No. 5) and its protocols, in particular the Additional Protocol (ETS No. 9), which affirms that “[n]o person shall be denied the right to education”;
Having further regard to the relevant case law of the European Court of Human Rights;
Having regard to the European Social Charter (revised) (ETS No. 163) and also to the work of the European Committee of Social Rights;
Having regard to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126) and also to the work carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT);
Having regard to Recommendation Rec(2006)2-rev of the Committee of Ministers to member States on the European Prison Rules, which states in Rule 28 that “[e]very prison shall seek to provide all prisoners with access to educational programmes which are as comprehensive as possible and which meet their individual needs while taking into account their aspirations”;
Considering that ensuring quality education for all is a public responsibility;
Acknowledging the importance of education in the development of the individual and the community;
Recognising that a high proportion of prisoners have left compulsory education before completion and have limited or negative past educational experiences, and that they therefore have unmet educational needs and aspirations;
Considering that access to education in prison reduces recidivism through improved work opportunities, increased active citizenship and desistance from crime;
Considering that education in prison helps to humanise prisons and to improve the conditions of detention for those offenders living and working in these institutions;
Recognising that, in the practical application of certain rights or measures, in accordance with the following recommendations, distinctions may be justified between convicted prisoners and prisoners on remand;
Recognising that providing prisoners with access to quality education, either within the prison or, when feasible, in the community, is important for achieving the primary objective of making prison life replicate as closely as possible the positive aspects of life in the community and facilitating the successful reintegration of prisoners into society;
Acknowledging the importance of continuing to safeguard access to education and wider goals, including preparing prisoners for release and reintegration into society, in spite of challenges including prison population growth and overcrowding;
Taking also into account the following recommendations of the Committee of Ministers of the Council of Europe to member States:
The present recommendation applies only to adult prisoners. Separate rules should apply to the education of detained children and take into consideration their age, individual development, needs and aspirations.
For the purposes of this recommendation, “prisoners” are incarcerated persons to whom the European Prison Rules (Rec(2006)2-rev) are applicable.
This recommendation applies also to probation services that operate in prisons and which may play a role in securing access for prisoners to suitable educational programmes.
This recommendation refers to a broad concept of education, which should include academic subjects encompassed by traditional educational frameworks, vocational education and training, digital literacy, creative arts and cultural activities, physical education and sports, the teaching of life skills and access to library services.
This recommendation should not be interpreted as precluding the application of other relevant international instruments and standards that are more conducive to ensuring the right to education of adults.
II. Definitions
For the purposes of this recommendation, the terms and expressions below should be understood as follows.
“Active citizenship” is one’s participation in civil society, community and/or political life, characterised by mutual respect and non-violence, and in accordance with human rights and democracy.
“Adult education” denotes the entire body of learning processes, formal, non-formal and informal, whereby those above the age of 18 develop and enrich their capabilities for living and working, both in their own interests and those of their communities, organisations and societies. It may also encompass continuing or further education or second-chance education.
“Adult literacies” refers to the process whereby adults acquire essential skills in listening and speaking, reading, writing, numeracy and the use of everyday technology. This process enables individuals to identify, understand, interpret, create, communicate and compute; ultimately enhancing their ability to solve problems and make informed decisions.
A “broad and balanced curriculum” is one that provides a wide range of subjects and programmes that allow prisoners to develop a comprehensive range of knowledge and skills and attain formal qualifications and diplomas, and which reflects the diverse needs and interests of the prison population.
“Creative arts” in education encompass a broad spectrum of artistic disciplines, including visual arts, music, drama and creative writing that foster creativity, self-expression and holistic development, and develop a range of skills.
“Digital literacy” is the ability to find, evaluate and compose clear information through media and other digital platforms.
“Education” is the process of facilitating learning or the acquisition of knowledge, skills, values, beliefs and habits.
“Provider of education” is an organisation that provides education to prisoners. This may be a public educational institution, a private enterprise, a non-governmental organisation or a non-educational public body.
“Employability skills” relate primarily to interpersonal relationships; they are transferable skills and key personal attributes and values which are universal in nature rather than job specific, and which are applicable to all jobs and work environments, for example teamwork and the ability to follow instructions.
“Further education” is education and training that happens after secondary education, but which is not considered higher education.
“Higher education”, also known as third-level or tertiary education, is the final stage of formal learning following secondary education.
“Life skills” focus primarily on personal well-being and day-to-day living; they are practical skills and abilities that individuals acquire and use to manage their everyday lives, for example managing personal finances and budgeting.
“Neurodivergent” describes people whose brain differences affect how their brain works; they have different strengths and challenges from people whose brains do not have those differences.
“Physical education” aims to develop individuals’ physical competence and knowledge of movement and safety, and their ability to use these to perform in a wide range of activities associated with the development of an active and healthy lifestyle.
“Public authority” is a body, organ, entity or other organisation, at any level, empowered to supervise, oversee or make decisions, representing or acting on behalf of the population in the territory concerned, irrespective of its legal status under public or private law. Public authorities may operate at the local, regional or national level, in accordance with the constitutional arrangements of the country concerned.
“Secondary education” or second-level education is the education level following primary education and preceding higher or further education. It is typically offered to students between the ages of 12 and 18, but this age range may vary according to the country.
“Vocational education and training” is the process of acquiring skills and knowledge related to a specific trade, occupation or vocation, and is focused primarily on employability.
Basic principles
