Human Rights of Prisoners—Focusing on the Rights of Respect for Family Life and Visiting
Date Issued
2012
Date
2012
Author(s)
Chen, Chun-Wei
Abstract
Nowadays prisoners’ human right protection has been an important issue in international community. The treatment of prisoners is an important standard to examine the degree of protection of human rights. In view of that, we should try to promote the situation of prisoners in prison. In the thesis, I’ll introduce European Convention on Human Rights (ECHR) and Prison Act in Germany (StVollzG= Stravollzugsgesetz). After knowing other country’s law and convention, I’ll try to compare our law and rule with foreign law, and by this I’ll try to provide a better suggestion to our country.
As Professor Van Zyl Smit point out: “ People are sent to prison as punishment not for punishment.” After all, most prisoners will come back to our society, that we should emphasize the rehabilitation of prisoners (resocialization). In order to achieve that goal, prisoners in prison should not be regarded as mere ruled objects. We should treat them as human not slaves.
Prison Act in Taiwan has been legislated in 1946. It was being amending several times, but it was only being amending for some text. There are still many problems in practice of Prison Act in Taiwan. In view of judgments or executive orders in Taiwan we can find out that even some rights of prisoners are incredibly regarded as Prison’s grace. The protection of human rights of prisoners in Taiwan is still insufficient, so we should learn foreign experience to promote the protection of prisoners’ human rights.
Here are five chapters in the thesis.In the Chapter1I’ll illustrate the motivation of writing and problem awareness. Second, I’ll arrange the history of prison, the theories of punishment, and the law status of prisoners in Chapter 2. Besides I’ll introduce the internal and European treaties about the protection of prisoners. Next in the Chapter 3 and the Chapter4 I’ll introduce the work of European Convention on Human Rights (ECHR) and Prison Act in Germany (StVollzG= Stravollzugsgesetz). Then I’ll show the situation of prisoners in Taiwan and compare the development and norm of our Prison Act with Germany and ECHR. At last In the Chapter 6 I’ll make a conclusion about the issue.
Subjects
Prisoner
Prison
European Convention on Human Rights Article 8
Right to family life
Visiting rights
Prison act
Type
thesis
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