Prison Inspection and Monitoring: The Need to Reform European Law and Policy

Mary Rogan

doi:10.1007/s10610-019-09420-8

Abstract

Prison inspection and monitoring bodies are important safeguards against breaches of human rights. In recent years, prison inspection and monitoring has become a key focus for international human rights standards, particularly through the introduction of the Optional Protocol to the Convention against Torture (OPCAT) and the UN’s Standard Minimum Rules for the Treatment of Prisoners, which recognize the need for robust and effective systems of prison oversight. This article contends that European legal standards on inspection and monitoring have not kept pace with international developments. The content of European law concerning domestic-level prison inspection and monitoring is not clear, nor has it been consolidated or examined in depth. Through engaging in comparative analysis with international instruments, this article analyses standards promulgated by Council of Europe and European Union bodies on inspection and monitoring, arguing that they need reform in light of international developments. Taking the opportunity presented by the revision process for the European Prison Rules and associated commentary, the article proposes improvements to European legal frameworks. It welcomes proposals for stronger powers for inspection and monitoring bodies, advocates for a specific instrument on prison inspection and monitoring and calls for more empirical understanding of how such bodies operate in practice.

Highlights

Prison Inspection and Monitoring as Ways of Protecting Human RightsPrisons pose unique challenges for the promotion of human rights and upholding the rule of law
Human rights protections are critically important in these environments, where the potential for abuse has been well documented (Carrabine 2004; Simon 2017), the legitimacy of authority can be fragile (Liebling and Arnold 2004; Liebling and Maruna 2005; Tankebe and Liebling 2013) and when prisoners are often drawn from marginalized and vulnerable groups
Prisons are places where public law and human rights principles come under particular strain

Summary

Introduction

Prison Inspection and Monitoring as Ways of Protecting Human RightsPrisons pose unique challenges for the promotion of human rights and upholding the rule of law. Through engaging in a comparative analysis of prison law sources developed by the United Nations and those of the Council of Europe and the European Union, the article examines the ways in which European approaches to inspection and monitoring could be strengthened, making specific recommendations for how European human rights principles in this field could be improved.

Results

Conclusion