Abstract
This paper presents some critical considerations of the Latin American and Colombian penitentiary system based on the review of the meaning and evolution of the principles of bioethics and the exploration of contractualist theories raised by Hobbes, Locke, Montesquieu and Rousseau. For this purpose, a retrospective documentary investigation was carried out with a ten-year observation framing (2010/2020). The result highlights the setback of a Latin American criminal policy incapable of minimizing crime, which can be associated with factors of poverty, marginality, inequality, and social exclusion. While the states instrumentalize the person deprived of liberty under the protection of an absurd and unattainable resocilizing treatment. With this starting point, attention is drawn to the increasing disintegration and deterioration of the prison society in Colombia, whose prison system reflects all these characteristics that violate the principle of respect for human life and dignity, with a rate of overcrowding that exceeded in 2018 365 percent, in some main detention centers. However, the new model of transitional justice, which favors truth and reparation over custodial sentences, could be considered, from the beginning of bioethics, as a systemic alternative for the solution of the regional prison crisis.
Presenters
Melba-Luz Calle-MezaProfesora, Facultad de Derecho, Universidad Nueva Granada, Cundinamarca, Colombia Juan Carlos Hoyos Rojas
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
PRINCIPLES OF BIOETHICS, PRISON SYSTEM,TRANSITIONAL JUSTICE, HUMAN DIGNITY, HUMAN RIGHTS
