A Positive Right to Rehabilitation? An Examination of the ‘Principle of Rehabilitation’ in the Caselaw of the European Court of Human Rights
Lawrence, Rebecca (2024) A Positive Right to Rehabilitation? An Examination of the ‘Principle of Rehabilitation’ in the Caselaw of the European Court of Human Rights. Human Rights Law Review, 24 (2). ISSN 1461-7781
![[img]](/style/images/fileicons/text.png) |
Text
Rebecca_Lawrence_A_Positive_Right_to_Rehabilitation_Human_Rights_Law_Review_2024_24_2_.pdf - Accepted Version Restricted to Repository staff only until 17 March 2026. Download (466kB) |
Abstract
This article analyses the development and the role of the 'principle of rehabilitation' in the European Court of Human Rights' caselaw on prisoner rights. It will be demonstrated that, outside of the context of whole-life sentences, the impact of the principle on the Court's reasoning process has been relatively limited, despite increasing reference by the Court to the growing importance of the principle. Further, that the Court allowing the pursuit of rehabilitation to be used as justification for interferences with other Convention rights within its caselaw undermines the link made by the Court between rehabilitation and human dignity. Finally, it is argued that a conception of rehabilitation that is underpinned by human dignity requires recognition of a positive duty on states to provide access to appropriate rehabilitative treatment for all prisoners.
| Item Type: | Article | ||||||
|---|---|---|---|---|---|---|---|
| Identification Number: | https://doi.org/10.1093/hrlr/ngae004 | ||||||
| Dates: |
|
||||||
| Uncontrolled Keywords: | rehabilitation, reintegration, positive obligations, Article 3 European Convention on Human Rights, Dickson v United Kingdom, Murray v The Netherlands | ||||||
| Subjects: | CAH16 - law > CAH16-01 - law > CAH16-01-01 - law | ||||||
| Divisions: | Faculty of Business, Law and Social Sciences > College of Law, Social and Criminal Justice | ||||||
| Depositing User: | Gemma Tonks | ||||||
| Date Deposited: | 07 Jun 2024 13:08 | ||||||
| Last Modified: | 07 Jun 2024 13:08 | ||||||
| URI: | https://www.open-access.bcu.ac.uk/id/eprint/15566 |
Actions (login required)
 |
View Item |
Tools
Tools