The Abolition and Retention of Life Without Parole in Europe: A Comparative and Historical Perspective

Abstract

Abstract Life without parole is increasingly recognised as another death penalty in dooming prisoners to die behind bars. On the tenth anniversary of the ECtHR’s landmark Vinter decision, abolitionism and retentionism characterise its state in Europe. In abolishing irreducible life sentences, Vinter crystallised a long-term evolution in prisoners’ rights since the Enlightenment. Meanwhile, enduring animosity towards prisoners has led to their rights repeatedly becoming the stage for wider debates concerning the legitimacy of European institutions. The United Kingdom’s threats to leave the ECtHR notably enabled it to exempt itself from Vinter. Still, the European project retains numerous supporters, which helps explain why the abolition of life without parole is making progress in continental Europe, as compared to the United States, Canada, Australia, and New Zealand. Ultimately, the article demonstrates that prisoners’ rights are both a microcosm of broader questions regarding European integration and a benchmark of human dignity’s historical evolution.