ABSTRACT
In 1997, the Labour government proposed the incorporation of the European Convention of Human Rights (ECHR) into domestic law, with the slogan ‘bringing rights home’ (Human Rights Bill 1997). The rationale for the new Act included the creation of a human rights culture, recognised by both government and the public as integral to civil society. At the same time, governmental penal policy was prioritising community protection, with risk being the primary driver of policy. This chapter will examine the impact of rights protection on penal policy and community protection in three areas: indeterminate sentencing, the sex offender register, and the use of pharmacotherapy. The examples illustrate the role rights protection premised on dignity can play in penal policy even where sex offenders pose a risk to others.
