Guide on the case-law of the European Convention on Human Rights

This Guide is part of the series of Case-Law Guides published by the European Court of Human Rights (hereafter “the Court”, “the European Court” or “the Strasbourg Court”) to inform legal practitioners about the fundamental judgments and decisions delivered by the Court. This particular Guide analyses and sums up the case-law under different Articles of the European Convention on Human Rights (hereafter “the Convention” or “the European Convention”) relating to prisoners’ rights. It should be read in conjunction with the case-law guides by Article, to which it refers systematically. The case-law cited has been selected among the leading, major, and/or recent judgments and decisions. The Court’s judgments and decisions serve not only to decide those cases brought before the Court but, more generally, to elucidate, safeguard and develop the rules instituted by the Convention, thereby contributing to the observance by the States of the engagements undertaken by them as Contracting Parties (Ireland v. the United Kingdom, 18 January 1978, § 154, Series A no. 25, and, more recently, Jeronovičs v. Latvia [GC], no. 44898/10, § 109, 5 July 2016). The mission of the system set up by the Convention is thus to determine, in the general interest, issues of public policy, thereby raising the standards of protection of human rights and extending human rights jurisprudence throughout the community of the Convention States (Konstantin Markin v. Russia [GC], 30078/06, § 89, ECHR 2012). Indeed, the Court has emphasised the Convention’s role as a “constitutional instrument of European public order” in the field of human rights (Bosphorus Hava Yolları Turizm ve Ticaret Anonim Şirketi v. Ireland [GC], no. 45036/98, § 156, ECHR 2005-VI, and, more recently, N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15, § 110, 13 February 2020). Protocol No. 15 to the Convention recently inserted the principle of subsidiarity into the Preamble to the Convention. This principle “imposes a shared responsibility between the States Parties and the Court” as regards human rights protection, and the national authorities and courts must interpret and apply domestic law in a manner that gives full effect to the rights and freedoms defined in the Convention and the Protocols thereto (Grzęda v. Poland [GC], § 324).

Note to readers

Introduction

I.                 General principles

II.                Conditions of imprisonment

A. Admission and record-keeping

B. Placement

C. Accommodation

D. Hygiene

E. Clothing and bedding

F. Nutrition

 G. Exercise and recreation

H. Searches and control .

I. Transport of prisoners

III. Contact with the outside world

 A. Family contacts and visits

B. Right to marry

C. Protection of different means of communication

IV. Health care in prison

A. General principles

 B. Physical illnesses, disabilities and old age

C. Infectious diseases

D. Mental health care

 E. Drug addiction

 F. Other health-related issues

 1. Passive smoking

2. Hunger strike

V. Good order in prison

A. Use of force

B. Use of instruments of restraint

 C. Disciplinary measures and punishment

 D. Inter-prisoner violence

VI. Special high security and safety measures

A.   Special prison regimes

B.   Guide on case-law of the Convention – Prisoners’ rights European Court of Human Rights 4/97 Last update: 31.08.2022 B. Solitary confinement

VII. Special categories of detainees

 A. Women with infants and minors

B. Foreign nationals and minorities

C. Life prisoners

D. Detainees in the context of armed conflict

VIII. Prisoners’ rights in judicial proceedings

A. Access to legal advice

B. Effective participation in domestic judicial proceedings

C. Communication with the Court

 IX. Freedom of thought, conscience and religion

X. Freedom of expression

XI. Prison work

XII. Prisoners’ property

 XIII. Education

 XIV. Right to vote

 XV. Prohibition of discrimination

XVI. Right to an effective remedy

XVII. Prisoners’ rights in extra-territorial context

A. General principles.

 B. Specific risks in the extra-territorial context

List of cited cases

European Court of Human Rights

ECHR (2022). Guide on the case-law of the European Convention on Human Rights. European Court of Human Rights.   Guide on the case-law – Prisoners’ rights (coe.int)