Caught between a Rock and a Hard Place – Human Rights, Life Imprisonment and Gender Stereotyping: A Critical Analysis of Khamtokhu and Aksenchik v. Russia (2017)

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Some countries prohibit the imposition of life imprisonment on women but allow it for men for the same offence (e.g. Albania, Azerbaijan, Russia and Belarus). In Khamtokhu and Aksenchik v. Russia (2017) the European Court of Human Rights rejected the claim that it was discriminatory to punish two Russian men convicted of murder to life imprisonment. Other than a handful of legal commentaries there have been no in-depth analyses of the case, in particular on the dangers of using gender stereotyping to limit life imprisonment. To address this gap, this chapter draws on criminological works on the gendered experience of life imprisonment, legal analyses of perpetual incarceration under human rights law and ECHR case law on gender stereotyping and on life imprisonment. This study critically discusses the Court’s assessment of gender stereotypes in the context of life imprisonment and considers whether its approach constitutes any improvement for women. In so doing, it illuminates how well-intended efforts to curtail some extreme forms of penal practices such as perpetual incarceration may have unintended and perverse consequences for women specifically and the landscape of punishment more generally.