Beware of the siren's call - the European right to hope and the challenge of old age behind bars

Abstract

This article critically examines the 'right to hope' in life imprisonment, introduced in Vinter and Others v UK (2013), through a socio-legal lens. Focusing on older prisoners, a growing demographic facing cognitive decline, physical deterioration, and prolonged incarceration, it questions whether the right to hope remains meaningful or merely an abstract principle. Drawing on criminology and prison sociology, it explores whether the European Court of Human Rights' conception of hope aligns with ageing prisoners' realities. Three key components - atonement, the experience of hoping, and capacity to change - are analysed within legal and criminological frameworks, emphasizing their structured and conditional nature. The intersection of ageing and hope challenges its transformative potential in rehabilitation and reintegration. This article highlights the limitations of legal interpretations that overlook lived experiences, advocating for a nuanced understanding that connects 'hope as law' with 'hope as a lived experience'.