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Menschenrechtliche Anforderungen an den Strafvollzug
Author(s) -
Sandra van der Stroom
Publication year - 2021
Language(s) - English
Resource type - Book series
DOI - 10.5771/9783748925408
Subject(s) - enforcement , overcrowding , supreme court , political science , law enforcement , law , focus (optics) , business , optics , physics
The effective protection of the fundamental guarantee of Art. 3 ECHR requires clear minimum standards in the penitentiary system as well as their consistent enforcement. The core piece of the thesis consists of a comprehensive analysis of the minimum standards in the light of Art. 3 ECHR with a focus on overcrowding and health care in the penitentiary system as well as of a differentiated implementation study on the enforcement mechanisms – from preventive measures to the pilot judgment technique of the ECtHR and the monitoring by the Committee of Ministers. In particular, it provides an in-depth analysis of the decision-making practice of the ECtHR and the Swiss Federal Supreme Court and outlines which measures in which implementation phase and for which case groups can ensure effective enforcement.

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