The Development of Coercive Rights as an Opposite Trend to the Rise of Detainees’ Rights
摘要
In particular, it seems to be necessary to examine the sharpening of penality through and in the name of human rights and their protection by the CoE and the ECtHR in particular. This process is applied through what has been called “coercive human rights” by the literature on human rights. This why in this chapter on the relationships between human rights and penality, we scrutinise how human rights applied by the ECtHR can contribute to penality and criminalisation and perhaps beyond to nurture the traditional panopticon, prison population and prison overcrowding through the criminalisation of new offenses and harsher punishment and prison sentences for existing offenses. The opposing trend to the way human rights can tame penality analysed and stressed in the former chapters can thereby create strains or even paradoxes within legal arguments, judicial decisions, and litigation carried out by some NGOs and individuals against their national countries.