The Abolition and Retention of Life Without Parole in Europe: A Comparative and Historical Perspective
European Convention on Human Rights Law Review (2023)
57 Pages Posted: 20 Sep 2023
Date Written: July 20, 2023
Abstract
Life without parole is increasingly recognised as another death penalty in dooming prisoners to die behind bars. Abolitionism and retentionism now characterise its state in Europe on the tenth anniversary of the European Court of Human Rights' landmark Vinter decision. In abolishing irreducible life sentences, Vinter crystallised a long-term evolution in prisoners’ rights since the Enlightenment. Meanwhile, enduring animosity toward prisoners has led their rights to recurrently become the stage for wider debates about the legitimacy of European institutions. The United Kingdom’s threats to leave the European Court of Human Rights notably enabled it to exempt itself from Vinter. Still, the European project retains numerous supporters, which helps explain why life without parole’s abolition is making progress in continental Europe, as confirmed by comparisons with the United States, Canada, Australia, and New Zealand. The Article ultimately demonstrates that prisoners’ rights are both a microcosm of broader questions regarding European integration and a benchmark of human dignity’s historical evolution.
Keywords: Life without parole, death penalty, mass incarceration, irreducible life sentences, LWOP, criminal law, criminal procedure, punishment, dignity, human rights, European Court of Human Rights, Europe, United Kingdom, France, United States, Canada, Brexit, populism, race, comparative law, legal history
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