European Court of Human Rights and Appropriate Prison for Persons with Disabilities

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Abstract

"The European Convention on Human Rights and Fundamental Freedoms" do not directly provide persons with disabilities with particular rights.  Nor does it lay down specific standards to treat individuals in jail, be them with or without disabilities. Nevertheless, the fact remains that imprisonment of persons with disabilities without taking into account their particular conditions in their jail may lead to violation of article 3 of the European Convention, according to which "no one shall be subjected to torture or to inhuman or degrading treatment or punishment". The practice of the European Court of Human Rights in regard to suitability of a prison for persons with disabilities is the main focus of this article. 

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