A new risk management for prisoners in France: The emergence of a death-avoidance approach

Abstract

A new punitive approach in the French prison sector has emerged as a result of the European Court of Human Rights and the French administrative courts exerting pressure on prison governors in response to the complaints made by prisoners’ families, the demands of human rights groups and the requirements of human rights protection bodies. By publicizing cases of suicide and using strategic litigation based on the right to life, human rights groups and barristers have put the prison administration under pressure. The resultant risk management policy and death-avoidance approach are not linked to the decline of the welfare state, as claimed by new penology scholars, but rather to a shared risk management thinking between the prison administration and human rights groups.