La sexualité dans le système carcéral a la lumière de la Convention EDH
Sexuality issue in the prison system in the light of the European Convention of Human Rights

Summary/Abstract: This article aims to point out the lacunas of the protection offered to prisoners regarding the aspect of sexuality. The Sexuality issue in prisons is often left aside, bearing in mind that we are talking about a closed environment, where detainees have few rights. Even if the European Court of Human Rights has recognized throughout its jurisprudence on the article 8 of the Convention the right to sexual identity and to have sexual relationships, she proves to be quite reluctant when it comes to prisoners and so, sex becomes a sensitive subject. Furthermore sexual minorities encounter a lot of problems in prison beginning with the cell they are placed in to the treatment they receive during incarceration. What is even more concerning is the fact that the case law of the ECHR is not very developed on this issue regarding detainees.

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