Introduction: Human rights, prisons and penal policies
| Author | Sonja Snacken,Gaëtan Cliquennois,Dirk van Zyl Smit |
| DOI | 10.1177/1477370820986010 |
| Published date | 01 January 2021 |
| Date | 01 January 2021 |
https://doi.org/10.1177/1477370820986010
European Journal of Criminology
2021, Vol. 18(1) 3 –10
© The Author(s) 2020
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DOI: 10.1177/1477370820986010
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Introduction: Human rights,
prisons and penal policies
Gaëtan Cliquennois
University of Nantes, France
Sonja Snacken
Vrije Universiteit Brussel, Belgium
Dirk van Zyl Smit
University of Nottingham, UK
The process of institutional and judicial control over many sectors of society is often
described as an influential and growing socio-legal trend, contributing to the develop-
ment and the reform of modern societies. This seems to be the case particularly for pris-
ons and other penal institutions, as international bodies and the courts have tried to
influence prison policies since the 1960s at least. The judicial and inspecting bodies of
the United Nations and the European Union (EU), which share the general aims and
objectives of what is now commonly referred to as ‘global justice’, have gained increas-
ing prominence in the fields of penal and prison policy and practice in recent years. All
these bodies work in their diverse ways to ensure that human rights legislation is observed
inside the borders of individual nation states.
Upholding the rule of law, ensuring accountability for decisions taken by administra-
tive bodies and the protection of fundamental rights are crucial aspects of constitutional
democracy. These foundational principles of public law take on increased importance in
the prison environment, where the potential for abuse has been well documented (Haney,
2008; Lynch, 2009; Rhodes, 2004; Rubin, 2017; Simon, 2007; Western, 2006; Zimring,
2005), where the legitimacy of authority can be poor, and where prisoners may be drawn
from marginalized and vulnerable groups. Prisons constitute a very particular context
where constitutional and human rights are interpreted and applied by prison staff who are
mainly concerned with security issues rather than with the rights of prisoners. This is
why international human rights frameworks emphasize the importance of accountability
Corresponding author:
Gaëtan Cliquennois, CNRS, Law and Social Change, University of Nantes, Chemin de la Censive du Tertre
44313 Nantes, France.
Email: Gaetan.Cliquennois@univ-nantes.fr
986010EUC0010.1177/1477370820986010European Journal of CriminologyCliquennois et al.
research-article2020
Special Issue: Human rights, prisons and penal policies
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