A new framework for penal and prison policies in Europe has been progressively established by the European Court of Human Rights (ECtHR), the Council of Europe (CoE) and the European Union (EU) to protect the human rights of detainees in Europe. European countries have reacted in very diverse ways to this influence. This book looks at the evolving content of case law and European Standards and their effects through a range of national reactions, processes and policies in different European countries.
CHAPTER
1. Introduction.- PART 1: THE EVOLUTION OF THE JURISPRUDENCE OF
THE EUROPEAN COURT OF HUMAN RIGHTS ON THE PROTECTION OF DETAINEES RIGHTS.-
CHAPTER
2. The role of the European Court of Human Rights in the protection
of detainees rights and in the shaping of penal, detention policies and an
inverted panopticon through pilot judgments.- CHAPTER
3. European orientation
and softening of criminal and penal policies under the right to dignity and
the prohibition of torture and inhumane and degrading treatment.- CHAPTER
4.
Changes to suicide and homicide prevention policies in detention: between the
reinforcement of the panopticon and the inverted panopticon.- CHAPTER
5. The
European impacts on penal policies under the right to liberty and security:
the development of judicial review and a risk-based approach.- CHAPTER
6. The
development of coercive rights as an opposite trend to the rise of detainees
rights.- PART 2: HOW THE COUNCIL OF EUROPE AND THE EUROPEAN COURT OF HUMAN
RIGHTS BOTH ENSURE AND LIMIT THE EFFECTIVENESS OF HUMAN RIGHTS IN DETENTION
THROUGH COOPERATION AND ALLIANCE.- CHAPTER
7. The reinforced European effects
on penal and prison policies: the back-up of the EU and the CJEU.- CHAPTER
8.
The relay of the ECtHR by the CPT policy concerning prison overcrowding,
suicide prevention, life prisoners and mentally ill offenders.- CHAPTER
9.
The difference NGOs make on access to justice and litigation.- CHAPTER
10.
The relay of the ECtHR jurisprudence by national prison administrations and
its impacts on national penal and prison policies.
Chapter
11. Conclusion.
Gaėtan Cliquennois is Permanent Researcher for the French National Centre for Scientific Research at the University of Rennes and associate researcher at the University of Strasbourg, France.
