Risk Reduction and Redemption: An Interpretive Account of the Right to Rehabilitation in the Jurisprudence of the European Court of Human Rights

Ailbhe O’Loughlin

Oxford Journal of Legal Studies, 2021, vol. 41, issue 2, 510-538

Abstract: This article exposes the disjunction between the progressive rhetoric of the European Court of Human Rights (ECtHR) on rehabilitation and the reality for life-sentenced prisoners. It illuminates the tensions between the Court’s jurisprudence on the prisoner’s right to rehabilitation and a nebulous ‘right to security’ of the public that threatens to undermine prisoners’ rights. It is argued that two distinct conceptual frameworks for understanding rehabilitation for life-sentenced prisoners underpin the ECtHR’s jurisprudence: rehabilitation as risk reduction and rehabilitation as redemption. The first is shaped by a preoccupation with identifying and reducing risk factors for offending. The second reflects the idea that offending indicates bad character but that people can atone for their crimes by working hard to change themselves. The article concludes that the ECtHR, by placing the onus on life-sentenced prisoners to demonstrate they have achieved rehabilitation, risks entrenching the trends of popular punitiveness and precautionary penal warehousing that it has sought to oppose.

Keywords: criminology; sentencing; risk; psychology; punishment; human rights (search for similar items in EconPapers)
Date: 2021
References: Add references at CitEc
Citations:

Downloads: (external link)
http://hdl.handle.net/10.1093/ojls/gqaa060 (application/pdf)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:oup:oxjlsj:v:41:y:2021:i:2:p:510-538.

Access Statistics for this article

Oxford Journal of Legal Studies is currently edited by Liz Fisher, Stefan Enchelmaier, Andreas Televantos, Liora Lazarus and Jennifer Payne

More articles in Oxford Journal of Legal Studies from Oxford University Press
Bibliographic data for series maintained by Oxford University Press ().