Bibliographic citations
Palomino, I., (2023). ¿El juez constitucional es competente para declarar un ECI? La situación de los Establecimientos Penitenciarios en el Perú [Trabajo académico, Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/25339
Palomino, I., ¿El juez constitucional es competente para declarar un ECI? La situación de los Establecimientos Penitenciarios en el Perú [Trabajo académico]. PE: Pontificia Universidad Católica del Perú; 2023. http://hdl.handle.net/20.500.12404/25339
@misc{renati/533369,
title = "¿El juez constitucional es competente para declarar un ECI? La situación de los Establecimientos Penitenciarios en el Perú",
author = "Palomino Díaz, Ilse Eva",
publisher = "Pontificia Universidad Católica del Perú",
year = "2023"
}
The prison population has been the victim of systematic violations of their fundamental rights, not only because of infrastructure or the conditions in which Peru's prisons are located, but also because of structural factors. In this sense, it is important to ask ourselves who is watching over them, if the State is failing to comply with its internal obligations and international commitments in prison matters. Therefore, it is the constitutional judges who have the duty to guarantee the satisfaction of fundamental rights, but especially of those who represent part of the vulnerable population, since there is a special duty towards them. Thus, the figure of the State of Unconstitutional Things is presented as the competence of the judges of higher instance to be able to pronounce and not have a passive role in the face of serious, massive and widespread violations of those who are deprived of their liberty, the same who have been excluded and ignored for many years. To reverse this unconstitutional situation, it is necessary the joint participation of the powers of the State, of the entities, of society in general and of the joint work at the national level of all the actors. Therefore, judges are competent to declare a State of Unconstitutional Things, as well as to establish the measures to overcome the situation and the follow-up of these measures, for which cooperation and a multidisciplinary approach to the issue is necessary, The problem of overcrowding and the appalling living conditions inside Peruvian prisons needs to be addressed from various angles, including the voices of various actors, in order to gradually respect and recognize the fundamental rights of prisoners, who despite serving their sentences, do not deserve to be treated inhumanely.
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