Title: The new constitutional provision for the protection of decent living and its implementation in criminal sanctions in Greece

Authors: Styliani Christoforidou

Addresses: Law School, AUTh, Campus, PC 54124, Thessaloniki, Greece

Abstract: After the constitutional amendment of 2019, a new constitutional provision (Art. 21 Para 1b Gr. Const.) provides the state's obligation to protect decent living. This provision belongs systematically to the field of social welfare rights, and its purpose is to enhance the protection of socio-economic rights. This paper argues that the same provision can also apply to the criminal system, mainly during the sentencing. Article 21 Para 1b Gr. Const. in conjunction with the human dignity principle (Article 2 Para 1 Gr. Const.) can enhance the rights of the sentenced in two ways: setting the constitutional limit of decent living protection during sentencing with non-custodial sentences and enhancing the right of judicial protection of those that serve custodial sentences under conditions that violate Article 3 ECHR.

Keywords: prison; detention conditions; human dignity; decent living; alternative sanctions; Greece.

DOI: 10.1504/IJHRCS.2022.126180

International Journal of Human Rights and Constitutional Studies, 2022 Vol.9 No.4, pp.339 - 349

Received: 24 Oct 2021
Accepted: 26 Oct 2021
Published online: 14 Oct 2022 *

Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article