Crime, punishment and Article 3 ECHR: puzzles and prospects of applying an absolute right in a penal context

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Crime, punishment and Article 3 ECHR : puzzles and prospects of applying an absolute right in a penal context. / Mavronicola, Natasa.

In: Human Rights Law Review, Vol. 15, No. 4, 12.2015, p. 721-743.

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@article{a382e3359a04465b96d4799eb8338567,
title = "Crime, punishment and Article 3 ECHR: puzzles and prospects of applying an absolute right in a penal context",
abstract = "Article 3 of the European Convention on Human Rights (ECHR), which provides that {\textquoteleft}[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment{\textquoteright}, is considered to enshrine an absolute right. Yet it contains an under-explored element: inhuman and degrading punishment. While torture has been the subject of extensive academic commentary, and inhuman and degrading treatment has been examined to some extent, the prohibition of inhuman and degrading punishment has not been explored in significant depth, despite its considerable potential to alter the penal landscape. This article elucidates the key doctrinal elements of inhuman and degrading punishment {\textquoteleft}and treatment associated with it{\textquoteright}, in the words of the European Court of Human Rights (ECtHR). It addresses a number of {\textquoteleft}puzzles{\textquoteright} or problems which arise in applying the absolute right enshrined in Article 3 of the ECHR to sentencing and imprisonment, clarifies ECtHR doctrine and highlights some of its key implications. Bringing a theoretically informed understanding to bear on the application of Article 3 of the ECHR in a penal context, the article provides clarity and coherence to a complex and crucial intersection between human rights and penology.",
keywords = "inhuman and degrading treatment, inhuman and degrading punishment, dignity, penology, penal theory, Vinter v United Kingdom, Article 3 European Convention on Human Rights",
author = "Natasa Mavronicola",
year = "2015",
month = dec,
doi = "10.1093/hrlr/ngv024",
language = "English",
volume = "15",
pages = "721--743",
journal = "Human Rights Law Review",
issn = "1461-7781",
publisher = "Oxford University Press",
number = "4",

}

RIS

TY - JOUR

T1 - Crime, punishment and Article 3 ECHR

T2 - puzzles and prospects of applying an absolute right in a penal context

AU - Mavronicola, Natasa

PY - 2015/12

Y1 - 2015/12

N2 - Article 3 of the European Convention on Human Rights (ECHR), which provides that ‘[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment’, is considered to enshrine an absolute right. Yet it contains an under-explored element: inhuman and degrading punishment. While torture has been the subject of extensive academic commentary, and inhuman and degrading treatment has been examined to some extent, the prohibition of inhuman and degrading punishment has not been explored in significant depth, despite its considerable potential to alter the penal landscape. This article elucidates the key doctrinal elements of inhuman and degrading punishment ‘and treatment associated with it’, in the words of the European Court of Human Rights (ECtHR). It addresses a number of ‘puzzles’ or problems which arise in applying the absolute right enshrined in Article 3 of the ECHR to sentencing and imprisonment, clarifies ECtHR doctrine and highlights some of its key implications. Bringing a theoretically informed understanding to bear on the application of Article 3 of the ECHR in a penal context, the article provides clarity and coherence to a complex and crucial intersection between human rights and penology.

AB - Article 3 of the European Convention on Human Rights (ECHR), which provides that ‘[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment’, is considered to enshrine an absolute right. Yet it contains an under-explored element: inhuman and degrading punishment. While torture has been the subject of extensive academic commentary, and inhuman and degrading treatment has been examined to some extent, the prohibition of inhuman and degrading punishment has not been explored in significant depth, despite its considerable potential to alter the penal landscape. This article elucidates the key doctrinal elements of inhuman and degrading punishment ‘and treatment associated with it’, in the words of the European Court of Human Rights (ECtHR). It addresses a number of ‘puzzles’ or problems which arise in applying the absolute right enshrined in Article 3 of the ECHR to sentencing and imprisonment, clarifies ECtHR doctrine and highlights some of its key implications. Bringing a theoretically informed understanding to bear on the application of Article 3 of the ECHR in a penal context, the article provides clarity and coherence to a complex and crucial intersection between human rights and penology.

KW - inhuman and degrading treatment

KW - inhuman and degrading punishment

KW - dignity

KW - penology

KW - penal theory

KW - Vinter v United Kingdom

KW - Article 3 European Convention on Human Rights

U2 - 10.1093/hrlr/ngv024

DO - 10.1093/hrlr/ngv024

M3 - Article

VL - 15

SP - 721

EP - 743

JO - Human Rights Law Review

JF - Human Rights Law Review

SN - 1461-7781

IS - 4

ER -