Family life : does it all end with imprisonment?

Abstract

With the passage of time criminality seems to be on the increase and, consequently, so do sentences of imprisonment and the prison population, worldwide. It often happens that the populist sentiment is of total condemnation for people who would have erred. The purpose of this work is not to justify whatever crime a person might have committed but, rather, to bring to the forefront a wider picture that is often forgotten. I stress the point that irrespective of the motives why a person has landed behind bars, s/he is still a human being who is entitled to have her/his human rights safeguarded and enforced. Although justice must not only be done, but it must be seen to be done, such is true with respect to both the victims of crimes as well as other third parties, namely the prisoner's family. With the main focus being prisoners' rights to respect for family life and the right to marry and found a family, the thesis delves into ECtHR judgments as well as judges' opinion. The local situation is also thoroughly discussed and proposals as to what might be the way forward in the light of the issues tackled throughout the thesis is put forward.