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The Evolving Protection of Prisoners’ Rights in Europe

The Evolving Protection of Prisoners’ Rights in Europe

Author: Gaëtan Cliquennois
Publisher: Routledge
ISBN: 9781032047980
Published In: December 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

Introduction

Gaëtan Cliquennois

PART 1: EUROPEAN CASE LAW ON PRISONS - A SPLIT JURISPRUDENCE

Chapter 1. The right to life: suicide and homicide prevention in prison

Jean-Manuel Larralde and Gaëtan Cliquennois

Chapter 2. The prohibition of torture and inhumane and degrading treatment and the right to liberty and security

Sonja Snacken

Chapter 3. The execution of penalties in the jurisprudence of the European Court of human rights

Simon Creighton

Chapter 4. The Rights of Prisoners within the CJEU’s case law.

Leandro Mancano

PART 2: EFFECTIVENESS OF HUMAN RIGHTS IN PRISON AND EUROPEAN liRESPONSES TO HUMAN RIGHTS VIOLATION IN PRISON

Chapter 5. Ireland: the weak European supervision of prison policies and its explanations

Mary Rogan and Sophie van der Valk

Chapter 6. Strengths and weaknesses of the judicial protection in Germany.

Christine Graebsch

Chapter 7. The conduct of prison reforms. An assessment of the effectiveness of domestic remedies in Italy

Sofia Ciuffoletti and Paulo Pinto de Alburquerque

Chapter 8. The impact of the European Court of Human Rights on the supervision of conditions of detention by the French courts

Anne Simon and Isabelle Fouchard

Chapter 9. Belgium: structural problems in the field of prison overcrowding, healthcare and security measures

Gaëtan Cliquennois and Olivia Nederlandt

PART 3: THE IMPACTS OF THE EUROPEAN LAW ON PRISON REFORMS

Chapter 10. Reform vs. Resistance in the Romanian Penitentiary System. Prison Staff Perceptions and Attitudes Regarding their Role in Reaching the Legal Goal of Detention

Cristina Dombeanu and Valentina Pricopie

Chapter 11. Assessment of corrective measures in the United Kingdom

Rosaria Pirosa

Chapter 12. Systemic effects and dashed expectations: The two tales of Prison Litigation in Germany

Christine Morgenstern and Mary Rogan