Examinando por Materia "Hacinamiento"

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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
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    Estado de cosas inconstitucionales en el Sistema Penitenciario Nacional colombiano y la necesidad de intervención de organismos internacionales (1998-2022)
    (Universidad EAFIT, 2023) Murallas Uribe, Luisa Alejandra; Gómez Pérez, María Paulina
    The Constitutional Court has defined as an Unconstitutional State of Affairs in prison and penitentiary matters the flagrant massive, generalized, systematic, restrictive and suspensive violation of a broad constitutional imperative and axiological catalog (which permeates, saturates and invades all the regulation of institutions, subjecting them to under parameters and philosophical assumptions as high as the principle of human dignity) in penitentiary centers mainly due to the inhuman and degrading conditions due to the lack of infrastructure, public services, health and overcrowding that the defendants face with “anticipated punishment without trial” and those convicted. As well as a criminal policy, incoherent, unstable, unsustainable, thoughtless, volatile, subordinate, populist, empirically unfounded, reactive, selective, discriminatory and lacking of a clear human rights perspective in the phases of primary, secondary and tertiary criminalization of the Colombian State. In making this decision, the Court has taken consideration the capacity of the penitentiary and prison centers, which is quantitatively 80,922 inmates. However, it has an estimated population of 97,289, corresponding to 73,099 prisoners that have been found guilty and 24,190 accused or unionized. Therefore, in response to the relationships of special subjection established between the administration and people deprived of liberty, that constitute a special position of guarantor on the part of the Public Administration based on international standards of respect for the dignity of inmates, the enjoyment effective of their inalienable and untouchable fundamental rights and in the face of the legitimacy of a normalized and dehumanized intramural detention that implies that in the end it remains fair "that the punishment entails a dose of suffering" this work proposes as a general objective to analyze the State of Things
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    ¿Inocuizar o rehabilitar? Una mirada al enfoque de la política criminal colombiana
    (Universidad EAFIT, 2023) Galvis Sánchez, Laura Valentina; Correa Pineda, Manuela; Naranjo Serna, Sebastián
    In contemporary societies, crime remains a phenomenon that negatively impacts the development and security of a society. Therefore, states must implement criminal policies with the goal of preventing crimes, punishing offenders, and rehabilitating them. However, in Colombian society, it is crucial to question the approach being taken with these policies, as it is evident that the decisions made in this regard are not aligned with the ultimate purpose of punishment, a situation that goes against constitutional provisions. Through this work, we aim to analyze the focus that has been given to criminal policy and the consequences that have arisen, as reflected in crime rates and the current state of the penal system. This is done with the objective of determining whether the decisions made genuinely seek to fulfill constitutional objectives or, on the contrary, are merely discourses aimed at legitimizing the inhumane treatment to which the incarcerated population is subjected. To this end, the first part of this paper will examine the purpose of punishment and the true discourse that underpins the perpetuation of this system. In the second part, we will address the definition and characteristics of criminal policy, contrasting them with what the jurisprudence of the Constitutional Court establishes. Finally, we will analyze the need for reforming criminal policy.