Abstract
Through a ruling dated on November 20th, 2020, the Consejo de Estado declared that the Ministry of Justice, the INPEC and USPEC, the most important institutions regarding Colombian penitentiaries, were responsible of the damage caused to the dignity and integrity of the women that were imprisoned in inhuman conditions in the feminine pavilion of the El Cunduy prison, located in the city of Florencia (Caquetá), between January 1st, 2012 and June 14th, 2013. The criteria used to define the group of affected women was reflected on the overcrowding, understood as a complex circumstance that caused the damage claimed. This commentary contains some reflections regarding the favorable reception of this type of rulings from the academy, which not only contributes to the solution of the current problematic that exists in relation to our prison system -causing an alert regarding potential future convictions against the State that may be avoided by fixing this problem- but also focusing on a specific collective that has been forgotten, positioning imprisoned women as a relevant subject in the discussion.
| Translated title of the contribution | Comment on the judgement of november 20, 2020, by the council of state [group action - file 18001233300020130021601]: a judicial decision with gender perspective regarding female incarceration |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 254-266 |
| Number of pages | 13 |
| Journal | UNA Revista de derecho |
| Volume | 6 |
| Issue number | 1 |
| State | Published - 01 Jul 2021 |
Keywords
- Imprisoned women
- cruel
- inhuman and degrading treatment
- reparation