Prisoner’s Rights, A Comparative Analysis Between Europe And America With Reference To Human Rights Jurisprudence
- IJLLR Journal
- Feb 5, 2024
- 1 min read
Md. Faizan Danish, Advocate, Orissa High Court
Pramit Chandra Rout, Advocate, Orissa High Court
ABSTRACT
This comparative analysis explores the protection of prisoners' rights in Europe and America, focusing on human rights jurisprudence. It highlights the landmark observation by the European Court of Human Rights (ECTHR) that "justice cannot stop at the prison gate," emphasizing the need for clear boundaries and standards in prison management. The paper examines international standards like the Minimum Rules for the Treatment of Prisoners (SMR) and the European Prison Rules (EPR).
The paper analyzes the ECTHR's approach, especially Article 3 of the European Convention on Human Rights, through key cases. It also compares it to the American Court of Human Rights (ACTHR), emphasizing Article 5 of the American Convention on Human Rights. While both systems aim to protect detainees' rights, ACTHR provides more comprehensive guidelines.
In conclusion, the paper discusses the potential for the ECTHR to align with ACTHR principles in the future but acknowledges potential obstacles.
Keywords: Prisoner's Rights, Human Rights Jurisprudence, ECTHR, ACTHR, International Standards.
