The European Human Rights System and the Right to Life Seen through Suicide Prevention in Places of Detention: Between Risk Management and Punishment. (11th September 2021)

• Record Type: Journal Article
• Authors: Cliquennois, Gaëtan; Snacken, Sonja; van Zyl Smit, Dirk
• Is Part Of: Human rights law review. Volume 22:Number 1(2022)
• Publication Date: 2021-09-11
• Subjects: right to life -- suicide prevention -- places of detention -- risk-based approach -- risk management -- Article 2 European Convention on Human Rights]; Human rights -- Periodicals; 341.48105
• DOI: 10.1093/hrlr/ngab023
• Languages: English
• ISSNs: 1461-7781

Abstract

Abstract: This paper analyses the shortcomings of European suicide prevention policy in places of detention, a topic that has been neglected in the European legal literature. Four interrelated characteristics of the suicide prevention policies developed by the European Court of Human Rights (ECtHR) are responsible for the failures of these policies. First, the risk-based approach relies on individual risk calculations by national detention authorities to the detriment of environmental factors and a holistic approach. Second, there is an unacknowledged tension in the jurisprudence of the ECtHR between the right to life of detainees and the right to life of potential victims of terrorism and other serious crimes. Third, the jurisprudence on state liability, with its individual risk-based approach, has been translated into highly restrictive death avoidance national practices, which infringe human dignity and reinforce detainees' willingness to commit suicide. Finally, the right to life does not effectively limit the inherent punitiveness of suicide prevention policies.