Abstract

DEL POZO SERRANO, Francisco José  and  MARTINEZ IDARRAGA, Jairo Alberto. Challenges of prison treatment in Colombia: gender differential approach and action from an international perspective. Rev. Crim. [online]. 2015, vol.57, n.1, pp.9-25. ISSN 1794-3108.

From a gender-based approach, this study analyzes the main socio-juridical aspects concerning imprisoned women and mothers (and infants) in Colombia, from the different international frameworks of human rights and penitentiary law. The methodology used is of a descriptive and interpretative nature through a documentary analysis of penitentiary laws-and, specifically, the recent Colombian Act ("Ley") 1709 of 2014-as well as from specialized reports concerning the relevant needs of imprisoned women. The results obtained expose the progresses that this new law is showing, as well as its insufficiency in improving equality in the Colombian environment with relation to health, education, the social-labor area and, particularly, the sphere of women's mother-child and family relationships. Finally, the Spanish penitentiary model is addressed as an advanced leading international referent of gender matters based on the equality plan of the prison service and some other alternative ways of compliance (mother dependent or external units). Conclusions: The new act is progressing in its treatment towards women, but it actually does not undertake an integral gender policy capable of providing specialized answers from differential and alternative approaches, particularly for mothers and their children. In this sense, the Spanish model might be a good reference with the necessary contextualization specifically required to meet the Colombian challenge.

Keywords : Prison law; penitentiary law; penitentiary policy; prison treatment; sexism; women.

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