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The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation

Mulgrew, Roisin

Authors

Roisin Mulgrew roisin.mulgrew@nottingham.ac.uk



Abstract

In several European countries, prisons have been created solely to house foreign national prisoners without leave to remain. Contrary to contemporary international human rights law and standards on prison management, there seems to be a trend towards the disapplication of rehabilitative theory and practice for this group of prisoners. In particular, they do not seem to receive the same preparation for release and reintegrative support as other prisoners. This paper explores the role international standards and oversight bodies have in upholding rehabilitation as the foundational objective for prison management in foreign national only prisons. It outlines the changes to the prison estate, policy and regime that have resulted from the increasing focus on removal within both the prison and penal process. The consequences of the disapplication of rehabilitation for prisons, prison officers, prisoners and society itself are analysed before the paper moves to examine the role oversight bodies could and should play in the protection of the rights of this vulnerable category of prisoner and the primacy that should be accorded to rehabilitative theory and practice. It concludes by asking whether such standards and oversight have inverted the panopticon by placing the trigger for international reactions in the hands of prisoners and NGOs.

Journal Article Type Article
Publication Date 2018-08
Journal Crime, Law and Social Change
Print ISSN 0925-4994
Electronic ISSN 1573-0751
Publisher BMC
Peer Reviewed Peer Reviewed
Volume 70
Issue 1
Pages 77–92
APA6 Citation Mulgrew, R. (2018). The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation. Crime, Law and Social Change, 70(1), (77–92). doi:10.1007/s10611-017-9720-4. ISSN 0925-4994
DOI https://doi.org/10.1007/s10611-017-9720-4
Keywords Foreign-national prisoners; Rehabilitation; Reintegration; International standards; Oversight methodology
Publisher URL https://link.springer.com/article/10.1007/s10611-017-9720-4
Copyright Statement Copyright information regarding this work can be found at the following address: http://creativecommons.org/licenses/by/4.0
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Oversight 10.1007_s10611-017-9720-4.pdf (460 Kb)
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Copyright Statement
Copyright information regarding this work can be found at the following address: http://creativecommons.org/licenses/by/4.0





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