ABSTRACT

Legitimacy and human rights issues in criminal justice are mainly discussed for the different phases of the criminal process or for prison issues. It is often thought that they play a less important role in the case of offender supervision and rehabilitative work in the community. But the client’s rights are also at stake when community sanctions and measures are enforced, in particular with regard to conditions and obligations that have to be met and the consequences non-compliance may have. This chapter explores how fairness and the respect for human dignity as the relevant human rights concepts can contribute to legitimate practices in rehabilitative work within the criminal justice system. It will take into account specific European standards as enshrined in the European Convention on Human Rights and recommendations by the Council of Europe, namely the recently updated European Rules on Community Sanctions and Measures.