Human Rights In Colombia

Human Rights in Colombia

Gómez, in his article entitled “Alternatives to overcome prison overcrowding in Colombia with a focus on human rights” published in 2015 in the scientific journal guarantee legal criteria, performs an analysis regarding the overcrowding that occurs in the penitentiary centers of Colombia andThe vulnerable consequences that it generates in those who live there, that is why the main objective of this article is to study the possible alternatives to reduce such violation, based on a quantitative approach.

In Colombia, throughout history a problem has emerged regarding prison overcrowding, which has generated a crisis in terms of the protection of human rights, therefore the violation of life, human dignity, the right to Intimacy, among other rights of people who are deprived of liberty is supremely high, because in the first place as the author states, they lack medical care, which generates that the reproduction and transmission of diseases is with greater Frequency, reducing the right not only to life worthy of the inmate but also to health, it is also pertinent to reference that many of the inmates who are in these prison centers are obliged to go or continue with His criminal life to survive in the midst of injustices and the power that arises in these prisons, preventing a true resocialization process, Gómez F Orero, affirms that ‘criminal policy is the integral development of a series of actions and measures conducive to all of them to reduce crime, taking as axes the prevention, repression and resocialization’ ’.

To conclude, it is important to apply to a criminal policy which opens a field to a positive approach that allows to promote a structuring of the penalty, accessing mechanisms such as repair, conciliation and mediation in a timely manner and that also makes it possible to reduce overcrowding in overcrowdingPenitentiary centers and in the same way the violation of the human rights of inmates, with the help and application equally of activities that generate spaces for the resocialization and reintegration of the inmate, it is also important that the penitentiary systems in Colombia apply new corrections forLeave aside the inefficiency and judicial insufficiency and the violation of human rights is greatly decreased.

Pardo, in its article entitled “Public Policies and Human Rights in Colombian prisons” published in 2018 in the institutional repository of the Catholic University of Colombia, presents an investigation which aims to identify the public policies implemented in Colombia to guarantee theRespect for the human rights of inmates from the declaration of unconstitutional state of affairs, based on an qualitative observational descriptive approach.

This is why the author states that prison overcrowding in Colombia is the main generator of coexistence problems and violation of human rights in prisons due to the poor application and implementation of public policies. Therefore, it is important to establish that the unconstitutional state of affairs is a tool through which the Constitutional Court declares that certain facts are contrary to the Constitution, which have allowed to identify how these prison centers massively violate the fundamental rights of the fundamental rights ofInmates, however, this violation is also given thanks to the ineffectiveness of justice and undue application of criminal policy, to the poor administration of resources either to implement programs for resocialization or adaptation of infrastructure, Pardo González states:

In this sense, it is evident that the State has been developing an erratic management in terms of budget and administration of the resources of the prison sector of the country, which has contributed to the obsolescence of the facilities, a poor quality in services, social inequality, social inequality,overcrowding, exposure of inmates to various risk factors and the lack of instruction to personnel so that measures that favor human rights are implemented.  

In conclusion, the violation of human rights in prison centers in Colombia is the obligation and responsibility of the State due to its poor administration, also taking into account that Colombia is a social state of law, as enshrined in the first article of the CharterPolitics which is based on respect for human dignity, therefore it is an institutional duty of penitentiary public policy to evaluate a series of strategies which are aimed at reducing this problem by adapting social programs for inmates and thus providing them with opportunities suchAs work, study, recreation, psychological aids, among others, in such a way that it is understood that deprivation of liberty is not only seen as a punishment, but as an opportunity for life and change towards its future.

Huertas, in its article entitled “Criminal System and Prison overcrowding Analysis of unconstitutional things in Colombian prisons” published in 2015 in the Law Journal Law, presents an analysis regarding the protection that the Colombian State provides to the private persons of the private people of thefreedom, which are found in inhuman and degrading situations, based on a qualitative approach.

The main objective of this article is to describe the most important aspects that have been presented throughout history, which have allowed to determine how the fundamental rights of inmates have been violated through the function of the legislator and the private penalties of thefreedom that this creates.

It is therefore, that the special prevention and social reintegration operate correctly operate at the time of depriving the accused of liberty, taking into account that the purpose of the penalty must fulfill a function of positive special prevention,which goes in search of the resocialization of the condemned and the protection of the same through the management and supply of goods and services, the adaptation of the infrastructure to in this way an adequate administrative functioning is achieved in the prisons and prison centers, however toLong history, the inhuman and cruel treatment conditions suffered by inmates have been evidenced by not having sanitary, hygiene and infrastructure conditions, Huertas Díaz affirms:

The overcrowding conditions prevent all of the inmates designed for the resocialization project (study, etc.). Given the unpredictability and disagreement that have reigned in prison infrastructure, overpopulation has led to inmates, they cannot even enjoy the slightest conditions to lead a decent life in prison, such as having a cabin, with waterenough, with health services, with health care, with family visits in decorous conditions, etc. In general, it can be concluded that overcrowding absolutely distorts the aims of prison treatment.  

In conclusion, overcrowding leads to the violation of the fundamental rights of inmates such as health, due to unhealthy situations and little hygiene in which they are, in addition to the corruption that occurs in these places, bringingAs a consequence the need to go to illegal life to be able to negotiate the minimum basic assets that the State should guarantee a person for being deprived of liberty under their responsibility. Finally, it is pertinent to analyze whether the solution to this problem is at the head of the legislator, so that it creates norms where it is omitted to resort to criminal law for certain behaviors and in such a way the overcrowding indices are reduced, and as a consequence of theviolence and violation of fundamental rights of the convicted.

Pozo and Martínez, in their article entitled “Challenges of Penitentiary Treatment in Colombia: gender approach and differential action from the international perspective” published in 2015 in the Magazine Magazine Criminalidad, based on a gender approach with a descriptive and interpretive methodologyAnalyzes the main socio-legal aspects related to inmate women in Colombian prisons, and insufficiency to improve equality in the Colombian penitentiary sphere in relation to health, education, socio-labor sphere, and especially maternal-philialand familiar women.

In Colombia, women have been discriminated against in the prison circle, which is why the main objective of this article is to analyze from a gender approach, the legal aspects related to prison mothers based on international human rights frameworks, to thePenitentiary Law and Constitutional Law, where it is evident that the general problems of Latin American countries are related to overcrowding due to the large number of women who are together in the cells, food, inappropriate hygiene and also the few recovery programsand social integration.

Taking into account the above, it is possible to affirm that in the prisons there are no integral differentiated programs that adapt to the needs of the inmate, but on the contrary there is an application of generic reintegration programs, which lead in many cases to the failure of the failure of the failure of theSame, where for example, in education, programs are sought to promote the training development of women who drives him to continue his working life when they end up compliance with the penalty, however, this application in Colombia hasbeen incompetent and as for the maternal and family treatment although there are spaces for visits, these are few adequate or the safety of those who attend can be impacted, as well as these prison centers they must have an infrastructure that guarantees pregnant women, syndicatedor condemned, an adequate development of pregnancy and the infant process, the authors affirm that:

To achieve this challenge, it would be necessary to have highly specialized academic and professionals in gender prison, as well as the high presidential counseling for women’s equity, in the development of all policy and treatment programs (labor, educational, educational,, cultural, health, etc.), in such a way that gender transversality is incorporated into life and prison principles.  

In conclusion, pregnant women or mothers have a great violation of fundamental rights at international levels, due to gender discriminations thanks to the little adaptation of prison centers regarding the needs of these women, but by theOtherwise, as said above, generalized approaches and systems are applied, therefore Colombia is the need to create contexts that do not negatively impact the development of women who are deprived of liberty.

León et al. In the article entitled “Human drama in the penitentiary and prison centers of Colombia” published in 2013 in the magazine to law and vice versa presents an argument regarding the overcrowding in prisons of the country, which has become a problem forThe coexistence of inmates in Colombia, in addition to the minimum hygiene conditions provided to inmates generating a violation of human dignity, health and dignified life, based on a qualitative methodology thanks to data collected from documentaries and bibliographies.

The purpose of this article is to determine the prison overcrowding index in Colombia and the way in which it affects and transgresses the rights of those who are deprived of liberty, in such a way that an exit to this problem is sought through new policy measuresCriminal and Infrastructure in these centers. The author affirms that although this problem is something that has always existed, he collected greater force from the issuance of Law 1453 of 2011 which hardened the penalties and led to prisons people who previously had other substitute sanction types of thePrison, in such a way that overcrowding in Colombia is a consequence of the absence of a criminal policy which is aimed at coherent and having a long -term vision to prevent crime, insufficient physical structure, and projects that go in search of resocializationFrom the inmate, the authors affirm that:

… Colombian criminal policy is mainly focused on punishing and not to prevent crime, for this reason it is observed with concern that the laws promulgated in this matter have the purpose, hardening penalties, vaguely trying to fulfill the preventive function, without beingeffective when avoiding the commission of crimes;Simply being instruments to dramatically punish those who violate legal assets protected by criminal legislation, resulting in overcrowding.  

The criminal policy in Colombia emphasizes the preventive function of the penalty has mainly focused on hardening sentences by creating new criminal types, the increase in penalty in existing ones, which has generated greater overcrowding in prisons andThus, a high rate of violation of rights, generating that inmates are obliged to support the deprivation of basic public services, such as drinking water, media, healthy food, medical assistance, among others, becomingThese centers in a cruel, degrading and inhuman punishment and not in a resocializing center with a view to the fact that the inmate exceeds its criminal problems and recovers their rights through teaching and education processes in order to avoid recidivism.

In such a way that it can be concluded that overcrowding is not only a spatial, structural and physical problem but a social, economic and cultural problem which have often induced the citizen to look for easy paths to obtain their daily livelihood.