Human Rights as a limit to the prison system in Colombia
Palacios, in its article entitled “Human Rights as a limit to the prison system in Colombia” published in 2016 in the Law and Reality magazine, presents a constant discussion based on human rights, in such a way, that its approach is located inA legal basic investigation, given that the object of main study is composed of the legal norm, using the descriptive method to explain the limit of human rights in the penitentiary system and the retrospective investigation to carry out a historical journey of the legal background of the legal backgroundof this limit.
The main objective of this investigation isPromote and defend human rights, since the authorities must, in addition to recognizing them, put them into practice within society, so that they can develop and express themselves naturally.
This is why, it seeks to respond to why even when the Colombian State must tend to provide its prisoners with a dignified lifestyle, based on the protection of their rights, prevailing respect for human dignity, constitutional guarantees to constitutional guaranteesAnd to universally recognized human rights, there is no compliance with these guarantees, so that they not only affect the service of such a system, but also directly undermine the fundamental rights and human dignity of inmates, despite being in a stateSpecial of detention and of being human dignity a characteristic of the Social State of Law, Palacios Guastar affirms:
Human dignity, as a founding principle of the Social State of Law, implies that all institutions must be structured, governed and consolidated according to it, as well as that the regulatory framework is interpreted and postulated based on this same. Therefore, the Constitutional Court and the Legislative Power have taken a series of measures to protect the inmate and locate it in a situation of special protection, in order to prevent their fundamental rights from being escorted. Slis, all of the above is blurred by evidencing the reality of Colombian prisons, which are framed within a dreadful panorama, where dignity is valued according to the money that is had, where overcrowding, overpopulation, corruption of officialsAnd internal violence, are some of the problems facing the prison population, which in most cases have not even been criminally responsible. (2016, P. 262)
In conclusion, human dignity, as the principle of the social state of law, implies that the Colombian State, adopts a series of measures which protect the inmate in order that their human rights are not transgressed. However, as the author reflects, the protection of these rights depends more on money and the recognition that is within these establishments than on their dignity, which for the simple fact of being a person has the right to protection and guarantees by the partof the State, which in an excessive way the living conditions of the inmates.
Fajardo, in his article entitled “Human Rights of persons deprived of liberty in Colombia”, published in 2017 in the Scopus magazine conducted an investigation with a quantitative approach where the causes of vulnerability of the rights to the rights to rights to rights to rights are shown through surveysLife, to human dignity, to integrity, to health, to access to present requests, and the terrifying cases of suicide of people who are deprived of liberty in Colombia;In turn, it is also located in an investigation based on the legal-annalic method, for which it is intended to analyze the jurisprudences and regulations in Colombia in relation to this issue.
It is intended to develop this information collection in order to determine whether or not within the established or not the established in the jurisprudences indicated within the investigation, the rights of the private persons of the private persons of the private persons of the private persons of the private persons of the private persons of the private people.Freedom, but that in the passage to reality is totally the opposite, since with the realization of the surveys, in the documentation of cases, workshops, experiences, interviews and the help of the INPEC staff, it is possible to demonstrate infinities of irregularities andInjustices that are generated and evidenced by the State on a day -to -day basis, which is why Fajardo Sánchez states:
The lack of access to the right to health, adequate and sufficient food and, in general, denial of the "vital minimum";degrading and humiliating requisitions;Inhuman conditions in overcrowding and extreme temperatures are some of the serious problems against the fundamental rights of PPLs. (2017, P.5)
Finally, the solution to the precarious conditions in which persons deprived of liberty live as well as the guarantee of their rights is in principle an issue that will not have early advances despite having regulations, jurisprudences or sentences that deal with protectionof the human rights of this particular population. It can be said that the creation of more strict monitoring mechanisms that manage to supervise compliance with the obligations, of the amparos, of the vital minimum, of the preservation of the rights that are most violated within this prison system such as they arethat of life and health, which although it should not present irregularities or much less injustices, are the ones that are most affected.
In turn, it is highlighted that from society you should help monitor the control of the failures contained in the sentences mentioned within the investigation so that due compliance with what is written is done and that in practice it does not develop,Since people deprived of liberty in Colombia are great helplessness and state of inferiority against people who are responsible for operating within prisons, since they are one of the main violators of their rights.
Londoño, in his article entitled "The habeas corpus as a constitutional guarantee for the protection of the fundamental rights violated by prison overcrowding" published in 2019 in the magazine Via Inveienti et iudicandi, presents a discussion about the historical evolution that it has hadSaid principle and the causes and effects that it has generated in the population that is deprived of liberty, through a statistical approach.
The main objective of this investigation is to determine whether or not the Colombian State is in the ability to provide comprehensive protection to people who are deprived of liberty and also decipher whether the current prison overcrowding is violating fundamental rights such asHuman dignity, life and health of these people through the deprivation of arbitrary liberty, which should be understood as a situation that is configured when an internal is subject to unworthy and inappropriate situations in their seclusion, so that these actionsThey go against the Constitution and the Law.
Therefore, the inmate for the fact of being in custody of the State has the right to demand the protection of their rights creating in such a way a special relationship between the State and the same, which is why not offering the inmateMinimum guarantees worthy of life, it is understood as if it had been submitted to a deprivation of arbitrary liberty. It is pertinent to remember that in Colombia most penitentiary and prison establishments suffer from overpopulation, which generates precarious, criminal and insecure conditions for those who are there, Londoño López, says:
It is important to highlight that in case of depriving a person of freedom, a special support relationship between the detainee and the State is created: this becomes the guarantor of that one, which is why he is responsible for protecting him comprehensively. In the specific case of Colombia, and attending to what is evidenced in this research work, it is possibleIn our penitentiary centers. (2019, P. 85)
In conclusion, prison overcrowding in Colombia does not meet the minimum conditions to offer a dignified life to those who are held, which generates an imminent violation of the fundamental rights of inmates, because in the first place our country has notbeen prepared or updated according to the changes that legislators have made regarding crimes and their respective penalties, which has caused chaos in the prison system, generating that the State does not have the ability to carefully take care of theinmates and therefore, violates their rights. However, habeas corpus allowed it to be avoided by deprivations of liberty would arbitrate, which has become a burden for the State, because it is forced to perform a precise analysis, to decide if it is pertinent to proceedor not with the imposition of deprivation of liberty.
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