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Principles of European Prison Law and Policy

Principles of European Prison Law and Policy
Author: Dirk van Zyl Smit
Publisher: OUP Oxford
Total Pages: 488
Release: 2009-01-08
Genre: Law
ISBN: 0191018821

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In recent years European prison law and policy have emerged as a force to be reckoned with. This book explores its development and analyses the penological and human rights foundations on which it is based. It examines the findings of the European Committee for the Prevention of Torture, the recommendations of the Council of Europe, and the judgments of the European Court of Human Rights. From these sources it makes the general principles that underlie European prison law and policy explicit, emphasising the principle of using imprisonment as a last resort and the recognition of prisoners' rights. The book then moves on to apply these principles to conditions of imprisonment, regimes in prison, contacts between prisoners and the outside world, and the maintenance of good order in prisons. The final chapter of the book considers how European prison law and policy could best be advanced in future. The authors argue that the European Court of Human Rights should adopt a more proactive approach to ensuring that imprisonment is used only as a last resort, and that a more radical interpretation of the existing provisions of the European Convention on Human Rights will allow it to do so. It concludes that the growing cooperation on prison matters within Europe bodes well for the increased recognition of prisoners' rights across Europe. In spite of some countervailing voices, Europe should increasingly be able to give an international lead in a human rights approach to prison law and policy in the same way it has done with the abolition of the death penalty.


European Prison Rules

European Prison Rules
Author: Council of Europe. Committee of Ministers
Publisher: Council of Europe
Total Pages: 133
Release: 2006-01-01
Genre: Law
ISBN: 9287159823

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This publication examines the rules in force in Europe governing prisons and the treatment of prisoners, including the use of force, the selection of prison staff and the protection of prisoners' human rights, based on Recommendation Rec (2006) 2 on the European Prison Rules (which was adopted by the Committee of Ministers of the Council of Europe in January 2006). It contains the text of the recommendation with a detailed commentary on it, together with a report which considers recent developments and analyses the effectiveness of these rules and of imprisonment as a form of punishment.


The Evolving Protection of Prisoners’ Rights in Europe

The Evolving Protection of Prisoners’ Rights in Europe
Author: Gaëtan Cliquennois
Publisher: Taylor & Francis
Total Pages: 232
Release: 2022-12-30
Genre: Law
ISBN: 1000824179

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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.


Prisoners' Rights

Prisoners' Rights
Author: Susan Easton
Publisher: Taylor & Francis
Total Pages: 305
Release: 2011-03-10
Genre: Law
ISBN: 1136817050

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This book considers prisoners' rights from socio-legal and philosophical perspectives, assessing the advantages and problems of a rights-based approach to imprisonment with a focus on citizenship, the treatment of women prisoners, and social exclusion.


Monitoring Penal Policy in Europe

Monitoring Penal Policy in Europe
Author: Gaëtan Cliquennois
Publisher: Routledge
Total Pages: 202
Release: 2017-10-30
Genre: Social Science
ISBN: 1134887132

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The process of judicial control over institutions is often described as growing socio-legal trend which impacts the development of modern societies. This is particularly the case for prisons and other penal institutions, as international bodies and the courts have tried to influence prison policies since the 1960s. This book addresses this dynamic situation by focusing on European monitoring as a major influence on penal and prison policies within, between and across nation states. Bringing together experts from around Europe, this book actively contributes to debates and analysis within penal and prison policy studies by shedding lights on the impacts of monitoring, and demonstrates how the study of penal and prison reform in different European countries can contribute to building a clearer and more precise picture of European legal systems. This book will be of interest to researchers in the fields of prisons, penology and punishment, as well as policymakers and professionals working for national Ministries of Justice and for prison department and national human rights institutions, as well as those working for INGOs and NGOs.


European Penology?

European Penology?
Author: Tom Daems
Publisher: Bloomsbury Publishing
Total Pages: 384
Release: 2013-05-17
Genre: Law
ISBN: 1782251294

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Is there something distinctive about penology in Europe? Do Europeans think about punishment and penal policy in a different way to people in other parts of the globe? If so, why is this the case and how does it work in practice? This book addresses some major and pressing issues that have been emerging in recent years in the interdisciplinary field of 'European penology', that is, a space where legal scholarship, criminology, sociology and political science meet - or should meet - in order to make sense of punishment in Europe. The chapters in European Penology? have been written by leading scholars in the field and focus in particular on the interaction of European academic penology and national practice with European policies as developed by the Council of Europe and, increasingly, by the European Union.


Europe in Prisons

Europe in Prisons
Author: Tom Daems
Publisher: Springer
Total Pages: 328
Release: 2017-11-06
Genre: Social Science
ISBN: 3319622501

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This volume explores the role that European institutions have come to play in regulating national prisons systems. The authors introduce and contribute to advancing a new research agenda in international penology (‘Europe in prisons’) which complements the conventional comparative approach (‘prisons in Europe’). The chapters examine the impact – if any – that institutions such as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the European Court of Human Rights have had on prison policy throughout Europe. With contributions from a wide range of countries such as Albania, Austria, Belgium, Ireland, Norway and Spain, this edited collection offers a wide-ranging and authoritative guide to the effects of European institutions on prison policy.


The Evolving Protection of Prisoners' Rights in Europe

The Evolving Protection of Prisoners' Rights in Europe
Author: Gaëtan Cliquennois
Publisher: Routledge
Total Pages: 0
Release: 2022-12-30
Genre: Law
ISBN: 9780429317033

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"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"--


Long-Term Imprisonment and Human Rights

Long-Term Imprisonment and Human Rights
Author: Kirstin Drenkhahn
Publisher: Routledge
Total Pages: 419
Release: 2014-07-11
Genre: Social Science
ISBN: 1317684443

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Prisons and imprisonment have become a commonplace topic in popular culture as the setting and rationale for fiction and documentaries and most people seem to have a clear notion of what it is like in prison, ranging from the idea of the prison cell as a cosy nook with fast internet access to that of a dungeon with a hard bed and a diet of bread and water. But what is prison really like? Do prisoners have the same rights as everyone else? What are the similarities and differences between prisons in different European countries? This book answers all of these questions, whilst also presenting cutting-edge research on the living conditions of long-term prisoners in Europe and considering whether these conditions meet international human rights standards. Bringing together leading experts in the field, with comprehensive coverage of the issues in Belgium, Croatia, Denmark, England, Finland, France, Germany, Lithuania, Poland, Spain and Sweden, this book offers the first comparative study on the subject. Whereas past research in this area has concentrated on the Anglo-American experience, this book offers a truly comparative European approach and pays due attention to the differences in prison systems between the post-Soviet countries and continental Europe. This book will be key reading for academics and students of criminology, criminal justice and penology and will also be of interest to students and practitioners of law.