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Principles and Values in Criminal Law and Criminal JusticeEssays in Honour of Andrew Ashworth$
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Lucia Zedner and Julian V. Roberts

Print publication date: 2012

Print ISBN-13: 9780199696796

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696796.001.0001

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Community Sanctions and European Human Rights Law

Community Sanctions and European Human Rights Law

(p.191) 12 Community Sanctions and European Human Rights Law
Principles and Values in Criminal Law and Criminal Justice

Dirk van Zyl Smit

Oxford University Press

This chapter explores the idea of a European approach to punishment, focusing on the emergence of pan-European policy and law relating to community sanctions. It poses two principal questions: Are there similar developments in respect of community sanctions? And, if so, what are their implications for the evolution of community sanctions in Europe? In order to address these questions the chapter first considers some of the similarities between the European dimensions of imprisonment and community sanctions and measures. It then turns to the differences, both in law and in policy making, before reflecting on how the human rights element in European law and policy in respect of community sanctions could be strengthened.

Keywords:   punishment, pan-European policy, community sanctions, imprisonment, human rights, european law

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