Non-Custodial Sentences and Human Rights

Forthcoming in the European Human Rights Law Review (2024)

Faculty of Laws University College London Law Research Paper No. 18/2024

Amsterdam Law School Research Paper No. 2024-24

General Subserie Research Paper No. 2024-01

32 Pages Posted: 10 Jun 2024

See all articles by Virginia Mantouvalou

Virginia Mantouvalou

University College London - Faculty of Laws

Hadassa Noorda

University of Amsterdam

Date Written: January 01, 2024

Abstract

The use of sentences which maintain offenders in the community can be viewed as a positive development in criminal justice because people targeted by these measures do not face the grave restrictions associated with imprisonment. However, analysis of practices of electronic monitoring and unpaid work requirements in the first part of this article suggests that these sentences may also raise serious concerns in a way that they should be viewed on a continuum alongside imprisonment. The second part of the article turns to human rights law. With the recognition that unpaid work requirements and electronic tagging may involve serious restrictions to freedom, result in a loss of rights, and negatively affect societal reintegration, the article identifies principles in human rights law which should apply to community sentences.

Keywords: community sentences, human rights law, imprisonment, liberty, private life, forced labour

Suggested Citation

Mantouvalou, Virginia and Noorda, Hadassa, Non-Custodial Sentences and Human Rights (January 01, 2024). Forthcoming in the European Human Rights Law Review (2024), Faculty of Laws University College London Law Research Paper No. 18/2024, Amsterdam Law School Research Paper No. 2024-24, General Subserie Research Paper No. 2024-01, Available at SSRN: https://ssrn.com/abstract=4859783 or http://dx.doi.org/10.2139/ssrn.4859783

Virginia Mantouvalou (Contact Author)

University College London - Faculty of Laws ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

Hadassa Noorda

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

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