Automatic loss of the civil, political, economic and social rights in case of imprisonment.
Scholar George Bernard Shaw in his work The Crime of Imprisonment one of the first argued that despite on the fact society as such has right to self-defense it does not mean that society has right to punish everybody. George Shaw insisted on the fact that level on the crime in society is showing level of the sickness of society. If follow this theory, it is better to work with whole society and improve sense of morality and common well-being instead of concentration on committed crimes. This lead to question – how to affect on prisoners in order to minimize the cases of reoffending and improve their rehabilitation in society.
Answer is hidden in analysis of the purpose of the punishment and this issue will be discussed under the chapter of rehabilitation. In present chapted will be discussed questions of derogation of prisoners social, political, economic and cultural rights and the proportionality of those measures.
Analysis of cases of ECtHR on the Article 3 shows that still prisoners human rights are sufficiently and constantly violated. What is the reason of this? Why with the loss of the liberty …show more content…
Inevitably rights of prisoners are restricted by their loss of liberty but such further restrictions should be as few as possible.” It means that other rights of prisoners could be restricted only in case of threat of good order, safety and security in prison. Such theory was developed by the scholar Alexander Paterson, who was a prison reformer of criminal system and of the penal system. Paterson is first who empathized that deprivation of liberty is already punishment in itself and no other additional deprivations should prisoners
Scholar George Bernard Shaw in his work The Crime of Imprisonment one of the first argued that despite on the fact society as such has right to self-defense it does not mean that society has right to punish everybody. George Shaw insisted on the fact that level on the crime in society is showing level of the sickness of society. If follow this theory, it is better to work with whole society and improve sense of morality and common well-being instead of concentration on committed crimes. This lead to question – how to affect on prisoners in order to minimize the cases of reoffending and improve their rehabilitation in society.
Answer is hidden in analysis of the purpose of the punishment and this issue will be discussed under the chapter of rehabilitation. In present chapted will be discussed questions of derogation of prisoners social, political, economic and cultural rights and the proportionality of those measures.
Analysis of cases of ECtHR on the Article 3 shows that still prisoners human rights are sufficiently and constantly violated. What is the reason of this? Why with the loss of the liberty …show more content…
Inevitably rights of prisoners are restricted by their loss of liberty but such further restrictions should be as few as possible.” It means that other rights of prisoners could be restricted only in case of threat of good order, safety and security in prison. Such theory was developed by the scholar Alexander Paterson, who was a prison reformer of criminal system and of the penal system. Paterson is first who empathized that deprivation of liberty is already punishment in itself and no other additional deprivations should prisoners