Examinando por Materia "Falla estructural del Estado"

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    El Estado de cosas inconstitucional en las cárceles colombianas : las posibles medidas de protección aplicables para la población carcelaria de la tercera edad - adultos mayores, teniendo en cuenta los artículos 13 y 46 de la Constitución Política de Colombia
    (Universidad EAFIT, 2020) Castaño Sánchez, Daniela; Álvarez Álvarez, Juan Carlos
    This monograph will analyze the reasons of the precarious conditions inmates in Colombia face which, to a greater extent, affect the prison population of those over 65 years old given their vulnerability. In addition, it will expose the reasons that from the constitutional point of view demand and make imperative the need to implement alternative measures for the fulfillment of their sentences, in order to guarantee the fulfillment of fundamental rights that are violated in Colombian prison facilities given the situation of overcrowding in which they find themselves, thus attending to the constitutional mandate stipulated in article 13 of the Political Constitution of Colombia. The unconstitutional state of affairs in Colombian prisons, declared repeatedly by the Constitutional Court, has enormous repercussions and is extremely serious because it affects the fundamental rights of the people confined there and those of their families, but also puts into risk public health, public order and completely distances the State from the fulfillment of its essential purposes and the principles on which, among them, respect for human dignity is founded. For this reason, it is important for a Social Rule of Law such as that proclaimed by the Political Constitution of 1991, to implement a solution to cushion the damage that is done every day to each of the prisoners, especially the elderly, who due to the passing of the years, are more affected, because they are people who, being confined in prisons and given the natural course of life, are more exposed to diseases and suffer health problems