Rehabilitation As A Penal And Prison Policy In The Context Of The European Convention On Human Rights
Abstract
In recent years, penal systems around the world have experienced a paradigm shift, emphasizing the importance of rehabilitation as a fundamental principle of prison and jail policy. It is necessary to explore the evolution of rehabilitation within the criminal justice system and its decisive role in promoting the reintegration of offenders into society. In the context of criminal law, rehabilitation is the removal of a prisoner's desire to commit a crime. By addressing the underlying causes of criminal behavior and providing offenders with education, vocational training and therapeutic interventions, rehabilitation programs aim to facilitate long-term behavioral change and social reintegration. Our study argues that rehabilitation should be the premise of penal and prison management policy. In this context, the issue will be explained in the first part in the context of Article 3 of the European Convention on Human Rights and in the second part according to Article 8 of the Convention. In the last part, the meaning and function of rehabilitation will be emphasized. Sending criminals to prison to punish them is also perceived as an additional punishment that can torture them and create inhumane and degrading punishment. Therefore, it is essential to rehabilitate an offender and try to reintegrate him/her into society.
Keywords
References
- Allen FA, ‘The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose.’ [1981] New Haven, CT: Yale University Press. google scholar
- Appleton C and Grover B, ‘The Pros and Cons of Life Without Parole’ (2006) 47 British Journal of Criminology 597. google scholar
- Bales WD and Mears DP, ‘Inmate Social Ties and the Transition to Society: Does Visitation Reduce Recidivism?’ (2008) 45 Journal of Research in Crime and Delinquency 287. google scholar
- Dzehtsiarou K and Fontanelli F, ‘Family Visits and the Right to Hope: Vinter Is Coming (Back)’ (2015) 2 European Human Rights Law Review 163.google scholar
- Ernst B, ‘The Protection of Human Dignity (Article 1 of the Basic Law)’ (2000) 53 SMU Law Review 443. google scholar
- ‘European Committee on Crime Problems (CDPC) ,Draft Recommendation Rec(2005)… of the Committee of Ministers to Member States on the European Prison Rules and Commentary, CM(2005)163 Addendum 2 November 2005’ https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016805d9544 accessed 21 June 2020. google scholar
- Faulkner D, ‘Taking Citizenship Seriously: Social Capital and Criminal Justice in a Changing World’ (2003) 3 Criminal Justice 287. google scholar
- Freedman BJ and Rice DG, ‘Marital Therapy in Prison: One-Partner “Couple Therapy”’ (1977) 40 Psychiatry 175. google scholar
Details
Primary Language
English
Subjects
Law in Context (Other)
Journal Section
Research Article
Authors
Uğur Aşkın
*
0000-0002-3842-8745
Türkiye
Abdurrahman Goren
0009-0000-6728-4990
United Kingdom
Publication Date
January 16, 2026
Submission Date
January 9, 2025
Acceptance Date
November 16, 2025
Published in Issue
Year 2025 Volume: 83 Number: 4