Law and Rights
A ruling by the Court of Justice of the European Union has upheld a ban on a French convicted murderer who was serving a sentence of more than five years from taking part in the European elections - The Guardian 6th October
* See the Court of Justice EU judgment *
The court ruled that the ban on him voting represented a breach of the EU charter of fundamental rights but that it was proportionate ?in so far as it takes into account the nature and gravity of the criminal offence committed and the duration of the penalty?
This ruling does not appear to be out of line with the position adopted by the European Court of Human Rights (E Ct HR) which has upheld voting bans imposed by some countries where the offence committed had been serious and the term of imprisonment lengthy - see, for example, the Scoppola case.
The United Kingdom
maintains a blanket ban on prisoner voting (no matter what the offence or length of imprisonment imposed) and that has not found favour with the E Ct HR - see the Hirst No. 2 case. To date, the British government has refused to alter domestic law to come into compliance with Hirst. The government argues that whether or not to permit prisoners to vote ought to be determined by national Parliaments.
E Ct HR Factsheet on Prisoner Voting
EU Charter of Fundamental Rights
Council of Europe concern over UK stance
Addendum 9th October:
Joshua Rozenberg - Michael Gove should take this opportunity to give prisoners a vote
- Parliament ~ Prisoner Voting ~ Evidence From Secretary-general Of The Council Of Europe And The Attorney-general
On Wednesday (6th November) a Joint Committee of both Houses of Parliament resumed its work considering the draft Prisoner Voting (Eligibility) Bill. The Bill contains 3 options but also notes that there 'will no doubt be other possible options.' ...
- Prisoner Voting
By today, the government was required to bring forward legislative proposals relating to prisoner voting. A DRAFT Bill has been issued - Voting Eligibility (Prisoners) Draft Bill The Bill presents three options for reform: Option 1: ban for prisoners...
- Prisoner Voting - Scoppola V Italy - Will Prisoners Finally Have To Be Granted The Right To Vote?
The European Court of Human Rights has announced that, on 22nd May, the Grand Chamber will hand down judgment in Scoppola v. Italy (N° 3) concerning a prisoner?s right to vote. The case concerns the applicant?s disenfranchisement following his...
- Prisoners And The Right To Vote
Voting for prisoners has now moved up the government's reform agenda. The idea is unpopular in some quarters because there is a view that those serving sentences of imprisonment have lost the moral right to participate in the government of...
- Prisoners And Voting
In Hirst v United Kingdom (2004) 38 EHRR 40 a Chamber of the European Court of Human Rights ruled that the U.K.'s blanket ban on convicted prisoners voting in elections was in breach of the Convention. That decision was confirmed by the Grand...
Law and Rights
Prisoner Voting
* See the Court of Justice EU judgment *
The court ruled that the ban on him voting represented a breach of the EU charter of fundamental rights but that it was proportionate ?in so far as it takes into account the nature and gravity of the criminal offence committed and the duration of the penalty?
This ruling does not appear to be out of line with the position adopted by the European Court of Human Rights (E Ct HR) which has upheld voting bans imposed by some countries where the offence committed had been serious and the term of imprisonment lengthy - see, for example, the Scoppola case.
The United Kingdom
maintains a blanket ban on prisoner voting (no matter what the offence or length of imprisonment imposed) and that has not found favour with the E Ct HR - see the Hirst No. 2 case. To date, the British government has refused to alter domestic law to come into compliance with Hirst. The government argues that whether or not to permit prisoners to vote ought to be determined by national Parliaments.
E Ct HR Factsheet on Prisoner Voting
EU Charter of Fundamental Rights
Council of Europe concern over UK stance
Addendum 9th October:
Joshua Rozenberg - Michael Gove should take this opportunity to give prisoners a vote
- Parliament ~ Prisoner Voting ~ Evidence From Secretary-general Of The Council Of Europe And The Attorney-general
On Wednesday (6th November) a Joint Committee of both Houses of Parliament resumed its work considering the draft Prisoner Voting (Eligibility) Bill. The Bill contains 3 options but also notes that there 'will no doubt be other possible options.' ...
- Prisoner Voting
By today, the government was required to bring forward legislative proposals relating to prisoner voting. A DRAFT Bill has been issued - Voting Eligibility (Prisoners) Draft Bill The Bill presents three options for reform: Option 1: ban for prisoners...
- Prisoner Voting - Scoppola V Italy - Will Prisoners Finally Have To Be Granted The Right To Vote?
The European Court of Human Rights has announced that, on 22nd May, the Grand Chamber will hand down judgment in Scoppola v. Italy (N° 3) concerning a prisoner?s right to vote. The case concerns the applicant?s disenfranchisement following his...
- Prisoners And The Right To Vote
Voting for prisoners has now moved up the government's reform agenda. The idea is unpopular in some quarters because there is a view that those serving sentences of imprisonment have lost the moral right to participate in the government of...
- Prisoners And Voting
In Hirst v United Kingdom (2004) 38 EHRR 40 a Chamber of the European Court of Human Rights ruled that the U.K.'s blanket ban on convicted prisoners voting in elections was in breach of the Convention. That decision was confirmed by the Grand...