The responsibility of the Colombian State in cases of confinement inside penitentiary and prison establishments, with a view to the protection of Human Rights

Abstract

The purpose of this research is to make known the scope of the responsibility of the State in cases of confinement inside penitentiary and prison establishments, from the perspective of Human Rights, for which the development of this opuscle is structured from the review of different regimes of responsibility in State matters, going through the study of the antijuridical damage as a factual, epistemological and constitutional basis of the responsibility of the State in Colombia. Subsequently, to arrive at the concretion or consolidation of the responsibility of the Colombian State in penitentiary and prison matters, based on Human Rights.

The result of the research process is framed in different sources of information, such as International Treaties and Conventions, the Constitutional text itself, local, national and international Jurisprudence, and Doctrine framed in authors of law of wide and well-known trajectory in the national and international scope; all this derived from a type of qualitative research with an analytical-descriptive approach, based on the hermeneutic study of the collected sources of information.