Principles of European Prison Law and Policy: Penology and Human Rights

Paperback | June 26, 2011

byDirk Van Zyl Smit, Sonja Snacken

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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, therecommendations 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 ofprisoners' 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 radicalinterpretation 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.

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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, therecommendations of the Council of Europe, and...

Dirk van Zyl Smit is a Professor of Comparative and International Penal Lawat the University of Nottingham. Sonja Snacken is a Professor and Research Fellow at Vrije Universiteit Brussels.

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Format:PaperbackDimensions:496 pages, 9.21 × 6.14 × 1.12 inPublished:June 26, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199693315

ISBN - 13:9780199693313

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Table of Contents

Preface1. The History of European Prison Law and Policy2. Context and Theory3. Basic Principles4. Conditions of Imprisonment5. The Prison Regime6. Contact with the Outside World7. Good Order8. Release9. The Future of European Prison Law and PolicyBibliographyOfficial Documents

Editorial Reviews

"The word "magisterial" is no doubt an over-, not infrequently, mis-applied one. Yet I struggle to find another adjective that covers the calm authority and breadth of experience that Van Zyl Smit and Snacken bring to bear in this text. The experience in question here refers not only to theauthors' lengthy records of distinguished scholarship but also to their direct and active roles in prison reform and policy projects." --Richard Sparks, University of Edinburgh, Edinburgh Law Review