DIRITTI DEI DETENUTI E SPAZIO PENITENZIARIO EUROPEO

The main objective of this thesis is to investigate the evolution of prison law in the light of human rights and supranational sources. Drawing on a critique of traditional penological theories according to which deprivation of liberty would also deprive inmates of their basic freedoms and rights, this work analyses the growing recognition of human rights of prisoners in the Italian and European context. As far as domestic law is concerned, this thesis builds upon the case-law of Italian constitutional Court, focusing on the development given by the latter to humanitarian and rehabilitation principles applying to criminal enforcement and sentencing. The analysis therefore reveals the full acceptance of the idea that deprivation of liberty is a punishment in itself and that no additional pains or restrictions should be inflicted upon the prisoners. As for European law, an in depth investigation is carried out focusing on the case law of the European Court of Human Right, whilst the recent measures adopted by the European Union in the field of prison law are also taken into account.