The impact of imprisonment on the right to family life

Abstract

Human rights have developed and improved throughout the years. From the early days of Plato and Aristotle till today, human rights have never stopped existing. Later on, through the contribution of philosophers such as Rousseau, Montesquieu and Kant, human rights were becoming more of a priority for citizens and States. Human rights belong to each and every individual, and it is the responsibility of the State to ensure that these rights are not violated. Therefore, this means that human rights are applicable even to imprisoned individuals. However, although prisoners are entitled to all human rights, imprisonment imposes some limitations on these rights. The European Convention on Human Rights is one legal document that exists to protect the rights of all individuals. This study focuses on the right to family life in prison and the extent to which the European Court of Human Rights protects such rights. Article 8 of the Convention on Human Rights focuses on an individual's private and family life; nevertheless, for the purposes of this dissertation, the primary focus is on family life in prison. Imprisonment brings with it a variety of problems that detainees must face. One of the most challenging aspects that a prisoner may experience is the restriction on his or her ability to communicate with friends and relatives. As a result, in most circumstances, a successful visit improves the detainee's well-being and serves as a buffer against the hostile environment of a prison. The Committee for the Prevention of Torture has established a number of standards for the treatment of prisoners and the protection of their right to family life. This study will provide an outline of how the Committee developed such standards and how the European Court of Human Rights has protected prisoners' rights and justified certain violations committed by the State.