Rehabilitation as a positive obligation

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Abstract

Although the emphasis in European penal policy now lies on the rehabilitative aim of imprisonment, the concept of rehabilitation remains vague and is being interpreted differently in different European countries. This paper looks at rehabilitation from a legal perspective and aims to clarify the current meaning and content of the principle of rehabilitation. It does this by focusing on the questions of whether and on what grounds rehabilitation can be considered a positive obligation on the part of the State and, if so, what the consequences are of recognising rehabilitation as a positive obligation.
Original languageEnglish
Pages (from-to)145-162
Number of pages18
JournalEuropean Journal of Crime, Criminal Law and Criminal Justice
Volume25
Issue number2
Early online date15 Mar 2017
DOIs
Publication statusPublished - Mar 2017

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