Abstract
While scholars have pointed out the factors determining the impediments to and efficacy of international human rights rules, poor attention has been paid to human rights violations relating to transfers between prison and psychiatric detention. There is a lack of intersection of policy spheres in this regard that should be remedied. Our contribution aims to challenge traditional sociolegal boundaries by integrating the intersection of policy and subdisciplines that cover penal justice (prison and police stations), psychiatric institutions, and human rights.
Raising the question of human rights’ ability to limit the state’s power to punish in Europe compels us to explore different forms of “transinstitutionalization,” especially between prisons and psychiatric institutions and between prisons and immigration detention centers that present as “total institutions” (hosting populations perceived to be “deviant”), and share many similarities, including the risk of human rights violations. We forge the concept of “transpolicies” to take into account the mutual influence and the domino effects of such detention policies that are acknowledged, and both promoted and fought, by the European human rights institutions. In the empirical part, we focus on the increasing interactions between prison and mental health policies, taking Belgium as an example as it is known to raise specific human rights challenges.
Publisher
Cambridge University Press (CUP)
Subject
Law,General Social Sciences
Reference84 articles.
1. European Monitoring of Belgian Prison Policy
2. Internés sous les verrous: punis ou soignés? Du côté de la Belgique;Mormont;Vie sociale et traitements,2014
3. Punishment and Modern Society
4. CPT (European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment). 16th General Report on the CPT’s Activities (covering the period 1 August 2005 to 31 July 2006) (includes a section on means of restraint in psychiatric establishments for adults). Doc. CPT/Inf (2006) 35. Strasbourg: CPT, 2006a.
5. The Mirror Image of Asylums and Prisons: A Study of Institutionalization Trends in France (1850–2010);Raoult;Punishment and Society,2017