ABSTRACT

This is a reasonably straightforward essay question. It should be noted that it is confined to two particular areas of prisoners’ rights. Clearly, it is necessary to consider the general influence of the Convention, not merely the decided cases. It is also necessary to ask whether in certain instances the domestic courts have gone further in protecting prisoners’ rights than the European Court of Human Rights (ECtHR). Finally, it might be asked whether domestic courts are now taking a more activist stance in these areas.