The right to health in prison : a socio-economic right under the jurisdiction of the European Court of Human Rights(?)

Abstract

Currently, more than 10 million people are held in prisons or other penal institutions throughout the world, often facing an environment, which is particularly harmful to the imprisoned individuals’ health. As a socio-economic right, the right to health, however, receives a lower level of protection than that granted to traditional civil and political rights in the Council of Europe human rights protection system. Accordingly, the right to health is absent from the text of the European Convention on Human Rights, raising questions regarding the effective protection of the prisoners’ right to health and beyond. In light of this, the research questions addressed in this thesis are; does the right to health in general and especially in a prison context, fall within the scope of jurisdiction of the European Court of Human Rights, despite it traditionally being a socio-economic right? And if so; to what extent does the European Court of Human Rights engage with the right to health in general and especially in a prison context? It is argued that by applying progressive means of interpretation, the Court opens its doors for an engagement with the right to health, at least in prisons. While the reluctance of the European Court of Human Right regarding health-related issues in hospitals and other health services outside prisons is far from overcome, prisoners’ health is indeed well-covered by the jurisprudence of the Court.