REHABILITATION AS A DOMINANT IDEA IN EUROPEAN PRISON LAW: PROBLEMS AND PROSPECTS
REHABILITATION AS A DOMINANT IDEA IN EUROPEAN PRISON LAW: PROBLEMS AND PROSPECTS

Summary/Abstract: Rehabilitation in the sense of compulsory treatment of prisoners, enforced against their will if necessary, is controversial. In Europe, however, a positive version of rehabilitation, in terms of which prisoners are given the opportunity to improve themselves, has emerged as a human right that prisoners may claim. This paper explains how the positive version of rehabilitation has become dominant in Europe. It analyses the case law of the European Court of Human Rights that has developed the substance of prisoners’ right to rehabilitation and explains what prison authorities need to do in order to enable life-sentenced prisoners in particular to exercise their right to rehabilitation.

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