Abstract

HOYOS ROJAS, Juan Carlos. THE PROCRASTINATION OF BIOETHICS IN COLOMBIAN PRISON TREATMENT. Novum Jus [online]. 2021, vol.15, n.2, pp.23-54.  Epub July 22, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.2.2.

This article aims to determine the causes of the procrastination of bioethics in prison treatment. To this end, it analyses therapeutic treatment and identifies some reasons that limit the scope of principled bioethics in the face of the unconstitutional state of affairs in prison. The methodology is framed in a documentary design, with a descriptive approach, of a qualitative type, that facilitates greater depth of knowledge to understand and explain the prison phenomenology. Based on the hermeneutical paradigm that guides this research, results are presented in the face of a manifest scenario of flagrant violations of the human dignity of people deprived of liberty, a situation that has set off alarm bells about the constitutional guarantees of a social Rule of Law, both in the national and international community and, incidentally, has opened spaces for strong criticism of the bio-political model that supports the lus puniendi. It is currently discussed whether the imposition of a criminal sanction rehabilitates the offender or, on the contrary, enhances his criminal capacity. It is concluded that the bioethical principles of non-maleficence and justice can contribute significantly to achieving the objectives of punishment.

Keywords : human dignity; prison; prison treatment; non-maleficence; justice; bioethics; procrastination.

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