Dissertation/ Thesis
A legal analysis of the disenfranchisement of prisoners
| Title: | A legal analysis of the disenfranchisement of prisoners |
|---|---|
| Authors: | Xuereb, Chiara |
| Publisher Information: | University of Malta Faculty of Laws |
| Publication Year: | 2019 |
| Collection: | University of Malta: OAR@UM / L-Università ta' Malta |
| Subject Terms: | Convention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5), Human rights -- Europe, European Court of Human Rights, Prisoners -- Suffrage -- Europe, Prisoners -- Suffrage -- Malta, Political rights -- Europe, Political rights -- Malta, Political rights, Loss of -- Malta |
| Description: | LL.B. ; Voting in elections is perceived to be at the core of democracy. As regulated under Article 3 of Protocol No. 1 to the European Convention on Human Rights, European citizens are guaranteed free and democratic elections. As a general rule, prisoners are deprived of the right to liberty, but all other rights and freedoms enshrined in the Convention should be safeguarded. The rights granted by Article 3 of Protocol No. 1 are not absolute, allowing contracting states a margin of appreciation. Nonetheless, any limitations to the rights established in the Convention must be justified. This study examines the notion of prisoner disenfranchisement, draws on its history, analysing the various rules in different states and identifying the major arguments in favour and against such rules. As it stands today, Maltese law denies prisoners imprisoned for a term exceeding twelve months the right to vote. Essentially, the aim of this study is to determine whether the deprivation of the right to vote constitutes a violation of the fundamental human right. This matter was highly debated following the judgement delivered by the European Court of Human Rights (ECHR) in Hirst (No. 2) v. the United Kingdom 6 October 2005 (Grand Chamber) which challenged the blanket ban on voting in elections. The ECHR held that United Kingdom (UK) had breached the fundamental right to free elections due to the automatic and absolute ban on the applicant’s right to vote. The court declared the restriction was discriminatory as a convicted prisoner should not be disadvantaged due to his status. Finally, upon evaluating the research, the possibility of a legal reform proposal to Article 58(c) of the Maltese Constitution is considered. ; N/A |
| Document Type: | bachelor thesis |
| Language: | English |
| Relation: | Xuereb, C. (2019). A legal analysis of the disenfranchisement of prisoners (Bachelor's dissertation).; https://www.um.edu.mt/library/oar/handle/123456789/54624 |
| Availability: | https://www.um.edu.mt/library/oar/handle/123456789/54624 |
| Rights: | info:eu-repo/semantics/restrictedAccess ; The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. |
| Accession Number: | edsbas.E4A7094B |
| Database: | BASE |
| Description not available. |