Return to Sender: Reconsidering Prisoner Correspondence under Article 8 in Dankevich v. Ukraine
In: Loyola of Los Angeles International & Comparative Law Review, Jg. 28 (2006), S. 187
academicJournal
Zugriff:
I. Introduction Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1 ("Convention") protects a wide range of rights. 2 Apart from its general applicability to the citizenry of a member state, Article 8 also limits the state's power in the prison context. 3 Dankevich v. Ukraine 4 examined a member state's limitations on prisoner correspondence. 5 However, the European Court of Human Rights ("ECHR") found Ukraine in violation of Article 8 without a complete Article 8 analysis. 6 Given the context of prisoner treatment in Dankevich, the ECHR's Article 8 analysis should have embraced principles articulated in international instruments on prisoner rights. While its holding was correct, the ECHR offered only cursory analytical support for its defense of prisoner rights of correspondence. 7 As a result, future interpretations of correspondence limitations for prisoners under Article 8 remain ambiguous. This Note analyzes the shortcomings in Dankevich and explores how stronger support for its holding may be found. Part II provides the factual background for the Dankevich case. Part III describes the three prongs of an Article 8 analysis and the ECHR's application of that analysis in Dankevich. Part III.A examines the first prong of the Article 8 analysis ("in accordance with the law") and considers an alternative test for the prison context. In Part III.B, this Note examines the second prong ("necessary in a democratic society") and offers other international instruments on prisoner rights as sources to strengthen the ...
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Return to Sender: Reconsidering Prisoner Correspondence under Article 8 in Dankevich v. Ukraine
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Autor/in / Beteiligte Person: | Sario, Alexander P. |
Zeitschrift: | Loyola of Los Angeles International & Comparative Law Review, Jg. 28 (2006), S. 187 |
Veröffentlichung: | 2006 |
Medientyp: | academicJournal |
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