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Examining the Role of the European Regional System in Safeguarding Prisoners' Right to Health Cover

Examining the Role of the European Regional System in Safeguarding Prisoners' Right to Health

By:   
Open Access
|Dec 2024

Abstract

This research critically appraises the contribution of the European regional human rights system to prisoners' right to health and identifies good practices adopted in the system that can serve as models globally. The Council of Europe significantly contributes to safeguarding prisoners' rights to health, emphasising that 'prison health is public health' and 'no one should be left behind'. The primary institutions responsible for safeguarding human rights within the European regional system effectively fulfil their roles. There is a network of institutions that are the subject of this research. This theoretical research involves analysing judicial rulings and human rights standards related to prisoners' health rights, as introduced by the Council of Europe, European Court of Human Rights (ECtHR) and the Committee of Prevention of Torture (CPT). This study discovers the integrated approach adopted by the ECtHR based on the European Convention on Human Rights in recognising prisoners' right to health. This approach has led to dynamic interpretations and implementations of the prisoners’ right to health across Council of Europe member states. Arguably, the European system serves as a model to improve prisoners' right to health. Further, these lessons can be significant in reforming prison systems, including the advancement of prisoners’ right to health worldwide.

Language: English
Page range: 21 - 44
Published on: Dec 31, 2024
Published by: Faculty of Law, University of Colombo
In partnership with: Paradigm Publishing Services

© 2024 Niluka Gamalath, published by Faculty of Law, University of Colombo
This work is licensed under the Creative Commons Attribution 4.0 License.