The last chapter of the book assesses the changes ordered by the ECtHREuropean Court of Human Rights (ECtHR) on national governments and considers the impacts of its leading judgments on the prisonprison reform process in the some of the most influential CoE member states, such as France and Belgium found guilty of breaches of the right to life, the right to dignity and the right to appeal in pilot judgmentspilot judgment. The main sociological and criminological literature downplays the very significant changes to prison structures induced by the European human rights law notably through pilot judgments and the specific supervision of their execution by the CoE Committee of Ministers. The main reason of this underestimation is that these changes related to the prison and judicial structures due to the partial integration of the ECtHR and domestic case law into them are quite invisible as they do not directly affect the interactions that could be observed in prison through sociological and anthropological studies and empirical inquiries. These changes could be mainly explained by certain forms of cooperation of national prison administrations with the CoE and the ECtHR and the capacity of NGOs and prisoners (see Chapter 7) in reinforcing the inverted panopticon process, and lastly by certain responses from prison administrations to limit the rise of the inverted panopticon. While these structural changes seem to be invisible from an interactional and to a certain extent from a statistical perspectives with some exceptions (with the increasing pervasiveness of legal, procedural and human rights language and culture among prisoners and detainees as part of the development of their legal awareness and social changes more generally), we argue in this chapter that they are massive and contribute to the renewal of prison structures (I), of the socio-professional profile of the prison staff (II) and of national judicial structures (III).

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The Relay of the ECtHR Jurisprudence by National Prison Administrations and Its Impacts on National Penal and Prison Policies

  • Gaëtan Cliquennois

摘要

The last chapter of the book assesses the changes ordered by the ECtHREuropean Court of Human Rights (ECtHR) on national governments and considers the impacts of its leading judgments on the prisonprison reform process in the some of the most influential CoE member states, such as France and Belgium found guilty of breaches of the right to life, the right to dignity and the right to appeal in pilot judgmentspilot judgment. The main sociological and criminological literature downplays the very significant changes to prison structures induced by the European human rights law notably through pilot judgments and the specific supervision of their execution by the CoE Committee of Ministers. The main reason of this underestimation is that these changes related to the prison and judicial structures due to the partial integration of the ECtHR and domestic case law into them are quite invisible as they do not directly affect the interactions that could be observed in prison through sociological and anthropological studies and empirical inquiries. These changes could be mainly explained by certain forms of cooperation of national prison administrations with the CoE and the ECtHR and the capacity of NGOs and prisoners (see Chapter 7) in reinforcing the inverted panopticon process, and lastly by certain responses from prison administrations to limit the rise of the inverted panopticon. While these structural changes seem to be invisible from an interactional and to a certain extent from a statistical perspectives with some exceptions (with the increasing pervasiveness of legal, procedural and human rights language and culture among prisoners and detainees as part of the development of their legal awareness and social changes more generally), we argue in this chapter that they are massive and contribute to the renewal of prison structures (I), of the socio-professional profile of the prison staff (II) and of national judicial structures (III).