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  • II chapter Punish and Care. The difficult apprehension by European law of a paradoxical injunction
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Chapter 2 — Punish and Care. The difficult apprehension by European law of a paradoxical injunction
Video
Georgia
Moldova
Russia
Ukraine
Mobilisation of the community of people who use drugs for the defense of rights of detainees

In Europe, 10 to 25% of incarcerated persons are defined as drug dependent on admission and 3 to 26% started using drugs while incarcerated. Whereas harsh drug policies in Eastern Europe have resulted in the mass incarceration of people who use drugs and while the region is the only in the world with rising HIV […]

Chapter 2 — Punish and Care. The difficult apprehension by European law of a paradoxical injunction
Article
Ukraine
The role of NGOs in the defense of the rights of people with infectious diseases in prison in Ukraine

The following text is a transcripted version of the intervention of Aleksandr Pavlichenko, Executive director of the Ukrainian Helsinki Human Rights Union at the conference “Prisons of Russia, Ukraine, France, Germany : Questioning Prison Violence” held by the European Prison Litigation Network and the Dortmund University of Applied Sciences and Arts on 25 and 26 […]

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Video
All countries
Poland
The judgment Kudla v. Poland as viewed by great witnesses of the case

In the following video, protagonists of the case and key witnesses remember the conditions of the adoption of the Kudla ruling, by exposing the reasoning and the manner it which it fed into subsequent case law for the European Court of Human Rights on prisons.

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Article
All countries
A real transformation of prisons or merely an adaptation? Academic and activist questioning of the effects of the recognition of prisoner’s rights

Taking prison struggles before the courts is a recent phenomenon on the old continent, let alone at the European level. Thus, until recently, the ECtHR bodies have not had to take into account coordinated litigious campaigns intended to force legal developments in favour of prisoners’ rights. In this respect, it must be noted that the […]

Video
Bulgaria
France
Russia
The significance of recognising rights behind bars: legal struggles from inside prison

What does it mean for detainees to be able to invoke the European Convention on Human Rights, if necessary in court, against the prison authorities? Answering this question implies measuring the extent to which the logic of the law clashes head-on with the rationalities of the prison, whether in terms of the primacy given to […]

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Video
All countries
Belgium
Issues at stake in the recognition of prisoners’ rights

In this interview, Dan Kaminski, Professor of criminology at the University of Louvain-la-Neuve in Belgium, warns against the possible neutralisation of human rights. A utilitarian vision of those rights, which would serve a rehabilitative objective and a managerial approach of the prison administration, would consist of making the detainee responsible for creating the conditions for […]

Article
All countries
Poland
The prison aspect of the Kudla judgment: a specialist development with blooming consequences

Through the Kudla v. Poland, ruling handed down by the Grand Chamber on 26 October 2000, the European Court affirmed for the first time that article 3 of the Convention guarantees the right for any prisoner to be “detained in conditions which are compatible with respect for his human dignity”. As Françoise Tulkens recalls[1], Kudla […]

Chapter 1 — 20 years ago, the Kudla v. Poland judgment
Article
All countries
France
The judicial turn taken by the militant movement on prisons in France : a look back at the first legal battles

This article is taken from a paper presented at a conference held in April 2013 and was published in French in the book in FERRAN N., SLAMA S (dir.), Défendre en justice la cause des personnes détenues, Commission Nationale Consultative des Droits de l’Homme, Paris, La Documentation Française. The Observatoire International des Prisons, the French section (further OIP), […]