Rehabilitation As A Penal And Prison Policy In The Context Of The European Convention On Human Rights


Aşkın U., Gören A.

ISTANBUL HUKUK MECMUASI, cilt.83, sa.4, ss.1572-1583, 2025 (ESCI, TRDizin)

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 83 Sayı: 4
  • Basım Tarihi: 2025
  • Doi Numarası: 10.26650/mecmua.2025.83.4.0012
  • Dergi Adı: ISTANBUL HUKUK MECMUASI
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Sayfa Sayıları: ss.1572-1583
  • İnönü Üniversitesi Adresli: Evet

Özet

In recent years, penal systems around the world have experienced a paradigm shift, emphasizing the importance of rehabilitation as a fundamental principle of prison and jail policy. It is necessary to explore the evolution of rehabilitation within the criminal justice system and its decisive role in promoting the reintegration of offenders into society. In the context of criminal law, rehabilitation is the removal of a prisoner's desire to commit a crime. By addressing the underlying causes of criminal behavior and providing offenders with education, vocational training and therapeutic interventions, rehabilitation programs aim to facilitate long-term behavioral change and social reintegration. Our study argues that rehabilitation should be the premise of penal and prison management policy. In this context, the issue will be explained in the first part in the context of Article 3 of the European Convention on Human Rights and in the second part according to Article 8 of the Convention. In the last part, the meaning and function of rehabilitation will be emphasized. Sending criminals to prison to punish them is also perceived as an additional punishment that can torture them and create inhumane and degrading punishment. Therefore, it is essential to rehabilitate an offender and try to reintegrate him/her into society.