TY - JOUR
T1 - Rehabilitation as a positive obligation
AU - Meijer, S.
PY - 2017/3
Y1 - 2017/3
N2 - 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.
AB - 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.
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U2 - 10.1163/15718174-25022110
DO - 10.1163/15718174-25022110
M3 - Article
SN - 0928-9569
VL - 25
SP - 145
EP - 162
JO - European Journal of Crime, Criminal Law and Criminal Justice
JF - European Journal of Crime, Criminal Law and Criminal Justice
IS - 2
ER -