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Chapter

Cover Human Rights Law Directions

21. Applications: prisoners’ rights  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter considers the application of Convention rights in the field of prisoners’ rights; the impact of Convention rights on prisoners in the UK is considered. Prisoners remain within the protection of the European Convention on Human Rights, though the application of these rights will take their position into account. Prisoners’ rights include not only rights to the non-arbitrary loss of liberty (Article 5) and rights to fair procedures (Articles 5 and 6), but also not to be disproportionately denied the rights and freedoms in Articles 8–11. Imprisonment deprives individuals of their liberty and, therefore, is a public function for which the state is responsible under the Convention. The controversy over prisoners’ right to vote is discussed in Chapter 25.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

23. The Fourth, Sixth, Seventh, and Thirteenth Protocols  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 provide for freedom from imprisonment for contractual debt; freedom of movement within a state and freedom to leave a state’s territory; the right of a national not to be expelled from and to enter their state’s territory; and the freedom of aliens from collective expulsion. Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war respectively.