A slow revolution and the security dilemma: Rethinking punishment and the prison system through a human rights-based perspective

Abstract

The relationship between punishment, human rights, and socio-economic marginalisation within contemporary criminal justice systems is increasingly scrutinised, revealing significant flaws in traditional punitive models. These systems, which heavily rely on incarceration, disproportionately affect vulnerable populations, such as immigrants, the socioeconomically disadvantaged, and incarcerated women. The paper critically examines different theoretical frameworks – retributivism, utilitarianism, and rehabilitation– demonstrating how they fail to address systemic inequalities, often resulting in overcrowded prisons and the over-incarceration of marginalised groups. A focal point of the analysis is Article 41-bis of the Italian Penitentiary Act, which serves as a case study of how exceptional security measures can become normalised, eroding human rights protections and diminishing rehabilitation opportunities. Originally implemented to counter organised crime, the regime has raised concerns regarding its impact on the long-term prospects of prisoners, with its widespread use now seen as undermining fundamental rights. The study argues that addressing organised crime requires not only stringent legal measures, but also socio-economic policies aimed at tackling the root causes of criminal behaviour. Advocating for a shift towards transformative justice, the paper highlights models that prioritise crime prevention, social investment, and restorative justice over punitive approaches. In promoting a human rights-focused rethinking of criminal justice, it calls for systemic reforms that address structural inequalities and offer more sustainable, equitable solutions to crime prevention. Ultimately, the study suggests that addressing socio-economic disparities is key to breaking the cycle of punitive justice and creating a more just and democratic model of public safety.