Frivillig isolation i danske fængsler

Er tilvalget af isolation fravalget af menneskeretlig beskyttelse?

Abstract

Abstract 1)
Solitary confinement is widely recognised as a serious threat to health and human dignity, permitted under international standards
only in exceptional, short-term circumstances, and never for vulnerable individuals. In contrast, Danish law grants all prisoners the right to voluntary isolation – an unregulated practice without procedural safeguards, time limits, or mechanisms to mitigate harm. Drawing on extensive interviews with prisoners held in voluntary isolation, and informed by relevant jurisprudence from the European Court of Human Rights, this article examines its legal implications. The findings suggest that isolation is frequently a response to threats or violence within the prison community, raising serious concerns about its voluntariness. Here, we advance three central arguments. First, that prison authorities employ voluntary isolation as a means of circumventing existing regulations governing protective custody. Second, that the conditions of voluntary isolation may amount to violations of fundamental rights, including the right to privacy and the prohibition of torture. Third, that under such circumstances, these rights cannot be validly waived, nor have they been.

1) English title: ‘Self-isolation in prison: A waiver of human rights protection?’