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Author: Gaëtan Cliquennois
Publisher: Taylor & Francis
ISBN: 1000824179
Category : Law
Languages : en
Pages : 232
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Book Description
The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
Author: Gaëtan Cliquennois
Publisher: Taylor & Francis
ISBN: 1000824179
Category : Law
Languages : en
Pages : 232
Get Book Here
Book Description
The Evolving Protection of Prisoners’ Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture ...) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.
Author: Gaëtan Cliquennois
Publisher: Routledge
ISBN: 9780429317033
Category : Law
Languages : en
Pages : 0
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Book Description
"The Evolving Protection of Prisoners' Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable. A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: ] A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. ] An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture...) and their reinforced framing of domestic penal and prison policies. ] A detailed examination of the impacts of the European case law on penal and prison policies within 10 nation states in Europe (including Romania which is currently very under-researched). ] A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology, and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs"--
Author: Dirk van Zyl Smit
Publisher: OUP Oxford
ISBN: 0191018821
Category : Law
Languages : en
Pages : 488
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Book Description
In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.
Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
ISBN: 9287159823
Category : Law
Languages : en
Pages : 133
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Book Description
This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.
Author: J. L. Murdoch
Publisher: Council of Europe
ISBN: 9287159270
Category : Law
Languages : en
Pages : 404
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Book Description
At the start of the 21st century, some 2 million Europeans were detained against their will in prisons, police stations, mental health institutions or other detention centres. It is generally recognised that protection against the arbitrary deprivation of liberty and the prevention of ill-treatment reflect the extent to which states respect human rights and human dignity, when these can be jeopardised by demands for security and efficiency. This book describes the European system for the protection of people deprived of their liberty and how this has evolved over the past fifty years. It discusses the different initiatives taken by the Council of Europe in this area, of which the European Convention on Human Rights and the Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment are the most significant.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Prisoners are among the most vulnerable categories of citizens in every country, due to the large amount of control the state has over them. Enforcing Human Rights Law is a challenge in all areas that it covers. However, ensuring human rights for those behind bars sometimes seems nearly impossible because of the isolation, the lack of interest of the outside world and mostly because of the sometimes conflicting goals that Correctional Law and Human Rights Law seem to have. This is why this thesis focuses on the protection of convicts against torture and ill-treatment. The structure is that of a comparison between the regional protection granted to these people by the European Court of Human Rights and the local avenues granted in Canada, a country that does not benefit from a regional protection for its citizens. The purpose is to analyze how convicts can best fight abuses in a world where their inherent rights are increasingly ignored in the name of security. The parallel between a regional system and a national one will be developed by discussing and comparing the shared human rights framework provided by international instruments, the case law and the evolving principles for convicts' protection in Europe and Canada, the abuses that take place in both regions under consideration and, finally, how these abuses are addressed and remediated by the authorities. I conclude by pointing out the importance of developing a strong national correctional system that obeys Human Rights Law and that is permanently under the national courts' jurisdiction. Nevertheless, based on this analysis, I believe it is crucial that there also be an external monitoring and juridical mechanism that can enforce human rights when the national authorities deliberately or accidentally ignore them. It is hazardous to leave the protection of human rights, especially of those in an enclosed environment, to the state which sometimes has conflicting interests and which in most cases is the one that trespasses them.
Author: Susan Easton
Publisher: Taylor & Francis
ISBN: 1136817050
Category : Law
Languages : en
Pages : 305
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Book Description
This book considers prisoners' rights from socio-legal and philosophical perspectives, assessing the advantages and problems of a rights-based approach to imprisonment with a focus on citizenship, the treatment of women prisoners, and social exclusion.
Author: Adelina Diana Iftene
Publisher:
ISBN:
Category :
Languages : en
Pages : 312
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Book Description
Prisoners are among the most vulnerable categories of citizens in every country, due to the large amount of control the state has over them. Enforcing Human Rights Law is a challenge in all areas that it covers. However, ensuring human rights for those behind bars sometimes seems nearly impossible because of the isolation, the lack of interest of the outside world and mostly because of the sometimes conflicting goals that Correctional Law and Human Rights Law seem to have. This is why this thesis focuses on the protection of convicts against torture and ill-treatment. The structure is that of a comparison between the regional protection granted to these people by the European Court of Human Rights and the local avenues granted in Canada, a country that does not benefit from a regional protection for its citizens. The purpose is to analyze how convicts can best fight abuses in a world where their inherent rights are increasingly ignored in the name of security. The parallel between a regional system and a national one will be developed by discussing and comparing the shared human rights framework provided by international instruments, the case law and the evolving principles for convicts' protection in Europe and Canada, the abuses that take place in both regions under consideration and, finally, how these abuses are addressed and remediated by the authorities. I conclude by pointing out the importance of developing a strong national correctional system that obeys Human Rights Law and that is permanently under the national courts' jurisdiction. Nevertheless, based on this analysis, I believe it is crucial that there also be an external monitoring and juridical mechanism that can enforce human rights when the national authorities deliberately or accidentally ignore them. It is hazardous to leave the protection of human rights, especially of those in an enclosed environment, to the state which sometimes has conflicting interests and which in most cases is the one that trespasses them.
Author: John W. Palmer
Publisher:
ISBN:
Category : Social Science
Languages : en
Pages : 80
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Book Description
Previous editions published : 3rd (1985), 2nd (1977) and 1st (1973).
Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
ISBN:
Category : Law
Languages : en
Pages : 138
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Book Description
This book contains the text of the Council of Europe recommendations on prisons, and examines in particular all aspects of imprisonment and prisons such as the use of force, the selection of prison staff and the protection of prisoners' human rights. The first part of the book contains the text of the recommendation and is followed by a commentary which discusses and explains the points and rules. The final section provides an overview of the recent developments in European Prison Rules, and analyses the effectiveness of these rules and the effectiveness of imprisonment as a form of punishment.
