The Evolving Protection of Prisoners’ Rights in Europe

Gaëtan Cliquennois holds dual PhD in Sociology of Law from the Ecole des Hautes Etudes en Sciences Sociales, France, and the University of Saint-Louis, Belgium. From 2010 to 2013, Gaëtan was a Postdoctoral Researcher at the FNRS, Belgium, and worked on human rights in penal and prison matters. He was also Visiting Scholar at the University of Cambridge and at the London School of Economics, UK. Since 2013, he has been a permanent Research Fellow for the French National Centre for Scientific Research (CNRS) at the University of Strasbourg, France (SAGE: Societies, Actors and Governments in Europe) and since 2018 at the University of Nantes, France. Since February 2021, he is the Director of Law and Social Change and works in the field of Law and Sociology of Law. As a Visiting Scholar at the European University Institute, he worked on the relationships between human rights and austerity policies. He has also worked on the creeping privatization of human rights and the European justice system. He has expertise in European human rights justice, the potential privatization of this system, litigation, penal and prison policies and management in Europe, and prison monitoring and strategic litigation by prisoners, NGOs and private foundations. In 2014, he was awarded an IDEX by the University of Strasbourg to work on ‘the impact of funding and auditing mechanisms on the protection of Human Rights in Europe in times of crises’. In 2017, he was awarded a grant to work on human rights and pretrial detention for two years by the European Commission.

Introduction

PART 1 EUROPEAN CASE LAW ON PRISONS: A SPLIT JURISPRUDENCE

Chapter 1. The right to life: suicide and homicide prevention in prison

Chapter 2. The prohibition of torture and inhumane and degrading treatment and the right to liberty and security

Chapter 3. The execution of penalties in the jurisprudence of the European Court of human rights

Chapter 4. The Rights of Prisoners within the CJEU’s case law.

PART 2. EFFECTIVENESS OF HUMAN RIGHTS IN PRISON AND EUROPEAN liRESPONSES TO HUMAN RIGHTS VIOLATION IN PRISON

Chapter 5. Ireland: the weak European supervision of prison policies and its explanations

Chapter 6. Strengths and weaknesses of the judicial protection in Germany.

Chapter 7. The conduct of prison reforms. An assessment of the effectiveness of domestic remedies in Italy

Chapter 8. The impact of the European Court of Human Rights on the supervision of conditions of detention by the French courts

Chapter 9. Belgium: structural problems in the field of prison overcrowding, healthcare and security measures

PART 3. THE IMPACTS OF THE EUROPEAN LAW ON PRISON REFORMS

Chapter 10. Reform vs. Resistance in the Romanian Penitentiary System. Prison Staff Perceptions and Attitudes Regarding their Role in Reaching the Legal Goal of Detention

Chapter 11. Assessment of corrective measures in the United Kingdom

Chapter 12. Systemic effects and dashed expectations: The two tales of Prison Litigation in Germany