The negligence of prison authorities and prisoner's rights

Research output: Contribution to journalArticle

Abstract

This article looks at the potential for legal action brought by prisoners (and their dependants) who have suffered from the alleged neglect of the prison authorities. The article will examine the case law in this area to assess the success of prisoners’ negligence claims and whether such claims are unduly fettered by judicial attitudes and other more practical issues such as the difficulty in establishing a breach of duty. In particular the article will consider whether the law and its application has been, or should be, modified in the light of new obligations imposed on public authorities, including the courts, by the Human Rights Act 1998 and by the developing case law of the European Court of Human Rights in respect of Convention rights such as the right to life and freedom from inhuman and degrading treatment.
Original languageEnglish
Pages (from-to)75-99
JournalLiverpool Law Review
Volume26
Issue number1
Publication statusPublished - 2005

Fingerprint

case law
prisoner
correctional institution
human rights
public authorities
neglect
obligation
act
Law

Bibliographical note

The full text of this article is not currently available from this repository.
The original publication is available at www.springerlink.com

Keywords

  • inhumane and degrading punishment
  • neglect
  • prison authorites
  • prisoners

Cite this

The negligence of prison authorities and prisoner's rights. / Foster, Stephen H.

In: Liverpool Law Review, Vol. 26, No. 1, 2005, p. 75-99.

Research output: Contribution to journalArticle

@article{ebc38efb4cb84a89a3f4988b098e8750,
title = "The negligence of prison authorities and prisoner's rights",
abstract = "This article looks at the potential for legal action brought by prisoners (and their dependants) who have suffered from the alleged neglect of the prison authorities. The article will examine the case law in this area to assess the success of prisoners’ negligence claims and whether such claims are unduly fettered by judicial attitudes and other more practical issues such as the difficulty in establishing a breach of duty. In particular the article will consider whether the law and its application has been, or should be, modified in the light of new obligations imposed on public authorities, including the courts, by the Human Rights Act 1998 and by the developing case law of the European Court of Human Rights in respect of Convention rights such as the right to life and freedom from inhuman and degrading treatment.",
keywords = "inhumane and degrading punishment, neglect, prison authorites, prisoners",
author = "Foster, {Stephen H.}",
note = "The full text of this article is not currently available from this repository. The original publication is available at www.springerlink.com",
year = "2005",
language = "English",
volume = "26",
pages = "75--99",
journal = "Liverpool Law Review",
issn = "0144-932X",
publisher = "Springer Verlag",
number = "1",

}

TY - JOUR

T1 - The negligence of prison authorities and prisoner's rights

AU - Foster, Stephen H.

N1 - The full text of this article is not currently available from this repository. The original publication is available at www.springerlink.com

PY - 2005

Y1 - 2005

N2 - This article looks at the potential for legal action brought by prisoners (and their dependants) who have suffered from the alleged neglect of the prison authorities. The article will examine the case law in this area to assess the success of prisoners’ negligence claims and whether such claims are unduly fettered by judicial attitudes and other more practical issues such as the difficulty in establishing a breach of duty. In particular the article will consider whether the law and its application has been, or should be, modified in the light of new obligations imposed on public authorities, including the courts, by the Human Rights Act 1998 and by the developing case law of the European Court of Human Rights in respect of Convention rights such as the right to life and freedom from inhuman and degrading treatment.

AB - This article looks at the potential for legal action brought by prisoners (and their dependants) who have suffered from the alleged neglect of the prison authorities. The article will examine the case law in this area to assess the success of prisoners’ negligence claims and whether such claims are unduly fettered by judicial attitudes and other more practical issues such as the difficulty in establishing a breach of duty. In particular the article will consider whether the law and its application has been, or should be, modified in the light of new obligations imposed on public authorities, including the courts, by the Human Rights Act 1998 and by the developing case law of the European Court of Human Rights in respect of Convention rights such as the right to life and freedom from inhuman and degrading treatment.

KW - inhumane and degrading punishment

KW - neglect

KW - prison authorites

KW - prisoners

M3 - Article

VL - 26

SP - 75

EP - 99

JO - Liverpool Law Review

JF - Liverpool Law Review

SN - 0144-932X

IS - 1

ER -