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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.
List of contents
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.
About the author
Gaëtan 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.
