THE EUROPEAN PRISON RULES - protection’s segment of the human rights in the European Legal Space Cover Image

ЕВРОПСКА ЗАТВОРСКА ПРАВИЛА - сегмент заштите људских права у европском правном простору
THE EUROPEAN PRISON RULES - protection’s segment of the human rights in the European Legal Space

Author(s): Jelena Papović
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Penology
Published by: Правни факултет Универзитета у Нишу
Keywords: the European Prison Rules; the Rights of the convicted

Summary/Abstract: This paper gives insight into the ways in which the penal institutions are regulated by the European Prison Rules. At first it describes activity on the international level, which existed prior to adopting the European Prison Rules, in the United Nations and in the Council of Europe. Furthermore, it shows making procedure of the United Nations Standard Minimum Rules for the Treatment of Prisoners, as well as the basic principles of treatment of inmates which were established by adopting this document. After that, the paper presents the activity in the Council of Europe directed towards protection of the human rights by making the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment. In this way the foundation has been created to promote the rights of persons deprived of their liberty and to promote detailed regulation of this area, through the adoption of European Standard Minimum Rules for the Treatment of Prisoners (1973) and the European Prison Rules (1987), as a basis for the current European Prison Rules. In addition to what has been said, this paper presents the European Prison Rules, through explaining the basic standards that are provided by them, with special reference to the organised treatment that allows successful socialization of the inmates, legal protection and professional assistance, health care, communication with the outside world, work, adequate clothing, education and training, as well as prohibition of further punishing, abusing or torturing. The importance of the protection of the human rights in this area is shown through this international efforts, because persons deprived of their liberty are vulnerable social category, often incapable of defending their own rights. As a result, the European Prison Rules established the basic principles in this field, while countries that are members of the Council of Europe at the domestic level may provide a higher level of protection.

  • Issue Year: LXII/2012
  • Issue No: 62
  • Page Range: 605-617
  • Page Count: 13
  • Language: Serbian