In the modern theory of human rights, it is unreasonable to assert the existence of a separate human rights group that applies only to prisoners. The legal foundations of the penitentiary system and punitive policy at the international and national levels should also be based on human rights. In this sense, prisoners should still be considered people and citizens, even if they received the status of prisoners when they were imprisoned in accordance with the procedure established by law.

The legal status of convicts should not adequately take into account the difference between a “criminal” and a “conscientious person”, since the recognition and promotion of rights in prison are based on the rule of law and democracy. Thus, human rights without discrimination cover all persons, including those whose freedom is restricted as a result of detention.

As a rule, deprivation of liberty is a sanction that is legally applied to persons who have committed (or allegedly committed) serious violations of criminal law. However, one of the unique features of the conclusion is its transient nature. Accordingly, when prisoners eventually return to their society as free citizens, the broader interests of the society in question depend on whether they are treated fairly, humanely and civilly in prison. This concept is also formulated as the principle of ”deprivation of liberty as punishment, not for the sake of punishment" (22, p. 136). Accordingly, despite the fact that restrictions on their freedom are mandatory for prisoners, they continue to protect all other human rights as much as possible while serving their sentence: they have the right to decent treatment and respect for their rights; they have the right to the security and inviolability of their person, etc.

Even if isolation entails a number of restrictions, prisoners still retain their basic rights. Similarly, the legal status of convicted women should not cover special categories of rights and freedoms intended exclusively for prison walls.

Key words: penal enforcement legislation, legal status, legal status, human rights, women prisoners, penitentiary institution, Constitution of the Republic of Azerbaijan, subjective law, state bodies.