ABSTRACT

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.

chapter |16 pages

Introduction

part I|66 pages

European Case Law On Prisons

chapter 181|18 pages

The Right to Life

Suicide and homicide prevention in prison

chapter 2|14 pages

The European Court of Human Rights and National Penal Policies

Fostering quantitative and qualitative penal moderation through Articles 3 and 5 ECHR 1

part II|82 pages

Effectiveness of Human Rights in Prison and European Responses to Human Rights Violation in Prison

chapter 845|13 pages

Ireland

The weak European supervision of prison policies and its explanations

chapter 7|19 pages

The Conduct of Prison Reforms

An assessment of the effectiveness of domestic remedies in Italy

part III|52 pages

The Impacts of the European Law on Prison Reforms

chapter 16610|19 pages

Reform vs. Resistance in the Romanian Penitentiary System

Prison staff perceptions and attitudes regarding their role in reaching the legal goal of detention

chapter 12|14 pages

Systemic Effects and Dashed Expectations

The two tales of prison litigation in Germany