Conceptions Of Liberty Deprivation

2012

2019

Human rights are universal standards that protect and safeguard all persons from severe mistreatments and abuses. The notion of human rights is grounded on the recognition that “all human beings are born free and equal in dignity and rights” and everyone is therefore “entitled to all rights and freedoms” contained in the human rights law. All the rights and freedoms guaranteed by the law can however, be subjected to a restriction according to other laws of the land. The respect and protection for the human rights of a person depend upon his status, whether he is an adult or a child; a prisoner or freeman; male or female. It was argued that prisoners are entitled to all their personal rights as well as personal dignity that are not temporarily taken away by the law or necessarily inconsistent with the circumstances in which they have been placed. The question to ask is do the laws expressly stated the rights that are not forfeited as a result of incarceration? If the answer is in the...

Strangeways, 2001

2013

The article begins by locating human rights law within the current political context before moving on to critically review judicial reasoning on prisoner legal rights since the introduction of the Human Rights Act 1998.

Review of European and Comparative Law

The issue of “dangerous” prisoners is of utmost importance, mainly regarding the restrictions imposed on offenders of this category. The restrictions in question introduce significant limitations of the statutory rights of individuals and alter the purposes of the penalty of deprivation of liberty. For this reason, it is necessary to align the Polish law, and above all penitentiary practice, with the international standards of human rights protection. This paper analyses both the Polish legislation and practice in terms of the qualification and treatment of “dangerous” prisoners . The paper points to the obscurity of certain legal regulations and the broad limits of discretion in applying and extending “dangerous prisoner” status. Furthermore, the paper evaluates the concept of distinguishing the category of “dangerous prisoners” and the operation of “N” wards from the perspective of the impact that such heightened isolation exerts on the individual, but also on the society and the ...

2012

2012

The decision of Hogan J in Kinsella v. Governor of Mountjoy Prison [2011] IEHC 235 (hereinafter Kinsella) is an important development in the protection of prisoners’ constitutional rights in Ireland. The decision, which found that a prisoner’s right to have his person protected had been breached by his detention in a padded cell with a cardboard box for use as a toilet in conditions amounting to a form of sensory deprivation, may represent a new direction for prison law jurisprudence. The judgment is also of significance for its analysis of the circumstances in which conditions of detention can give rise to an order for release under Article 40.4 of the Irish Constitution, which allows for the immediate release of a person found to be detained otherwise in accordance with law

2009

2015

This is a unique and innovative series, the first of its kind dedicated entirely to prison scholarship. At a historical point in which the prison population has reached an all-time high, the series seeks to analyse the form, nature and consequences of incarceration and related forms of punishment. Palgrave Studies in Prisons and Penology provides an important forum for burgeoning prison research across the world.