Inhuman and Degrading Punishment, Dignity, and the Limits of Retribution

Research output: Contribution to journalArticlepeer-review

Colleges, School and Institutes

Abstract

The recent judgment of the Grand Chamber of the European Court of Human Rights (ECtHR) in Vinter and others v United Kingdom provides a much needed clarification of the parameters of the prohibition on inhuman and degrading punishment under Article 3 of the European Convention on Human Rights (ECHR) as it applies to whole life orders of imprisonment under mandatory life sentences – essentially, life imprisonment without parole. The Grand Chamber's judgment refines Strasbourg doctrine on life imprisonment and the prospect of release and illuminates key principles concerning inhuman and degrading punishment under Article 3 of the ECHR. This article considers the judgment's profound significance in relation to both human rights and penology.

Details

Original languageEnglish
Pages (from-to)292–307
JournalModern Law Review
Volume77
Issue number2
Publication statusPublished - 3 Mar 2014

Keywords

  • Article 3 ECHR, inhuman and degrading punishment, human dignity, retribution, Vinter v UK, whole life imprisonment without parole, human rights , penology

ASJC Scopus subject areas