Chapter 1 European standardsetting 1.1 Introduction European prisons are changing. Most prisons are under increasing strain from growing prison populations, exacerbated in many cases by increasing numbers of foreign prisoners. However, European prison systems are also changing, and for the better. Improved arrangements for the domestic monitoring of prisons is one clear trend. This is taking place alongside a growing awareness of the challenges (and often inadequacies) of traditional judicial approaches to the imposition of incarceration. There is also increasing domestic discussion of what prisons are for, and how they can better meet societal expectations. At a European level, prisons are also changing in response to increasing awareness of the rights of prisoners. Protecting prisoners from ill-treatment has now become a significant aspect of human rights protection. European standard-setting is without doubt now world-leading. Two European institutions in particular can claim credit for this real progress. First, the European Court of Human Rights has given steady and now increasing protection of prisoners through its creative and progressive interpretation of the ECHR. The European Court of Human Rights is essentially a reactive body: it deals with complaints after the factual basis for the complaint has occurred. Second, the CPT has helped prompt this development of legal standards. In contrast, the CPT is proactive and preventive. The first judgment of the European Court of Human Rights was issued more than half a century ago; in contrast, the Combating ill-treatment in prison ► Page 8