Explain The Limitations Of Prisoner Communication
What limitations may legitimately be placed on prisoner’s communications under rule 24.1 of the European Prison Rules
Deprivation of liberty does not mean a loss of contact with the outside world.1 Communication of prisoners with the outside world is essential as it serves the important purpose of preventing the prisoners from being isolated, decreases the likelihood of staff abuse and promotes reintegration into society.2 Maintaining links between prisoners and the outside world, especially with their families, is seen as a vital aspect of their preparation for release and regular contact reduces the effects of institutionalism. The family members, despite being innocent, also suffer whilst their loved one is incarcerated and therefore contact is important for them as well as it lessens the pain caused by the prisoner’s absence.3
However, in certain circumstances limitations can be put on prisoner’s communications. This essay will seek to explore what those legitimate restrictions on communication are and in what circumstances they can be enforced in …show more content…
For a breach of Article 8 to be legitimate it has to be due to one of the exceptions listed in Article 8(2).7 These exceptions include reasons of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.8 Also, any interference is supposed to be necessary in a democratic society and in Golder, the interference wasn’t held to be necessary and also none of the restrictions under Article 8(2) could validate preventing the prisoner corresponding with his
Deprivation of liberty does not mean a loss of contact with the outside world.1 Communication of prisoners with the outside world is essential as it serves the important purpose of preventing the prisoners from being isolated, decreases the likelihood of staff abuse and promotes reintegration into society.2 Maintaining links between prisoners and the outside world, especially with their families, is seen as a vital aspect of their preparation for release and regular contact reduces the effects of institutionalism. The family members, despite being innocent, also suffer whilst their loved one is incarcerated and therefore contact is important for them as well as it lessens the pain caused by the prisoner’s absence.3
However, in certain circumstances limitations can be put on prisoner’s communications. This essay will seek to explore what those legitimate restrictions on communication are and in what circumstances they can be enforced in …show more content…
For a breach of Article 8 to be legitimate it has to be due to one of the exceptions listed in Article 8(2).7 These exceptions include reasons of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.8 Also, any interference is supposed to be necessary in a democratic society and in Golder, the interference wasn’t held to be necessary and also none of the restrictions under Article 8(2) could validate preventing the prisoner corresponding with his