La política de inclusión de la población LGBTI+ en centros penitenciarios y carcelarios en Bogotá, Colombia

Abstract

The LGBTI+ community has been the target of violence, ridicule and criticism by the Colombian population. Bearing in mind that 35 years ago the Colombian Penal Code punished homosexual relations between men with up to three years' imprisonment, the manifestations of non-conformity that have occurred in recent years have succeeded in gaining recognition of their rights. However, they are still severely violated because there is no national public policy that effectively guarantees the rights of this population deprived of liberty. Along these lines, the aim of this research, beyond questioning public policy on the issue of prisons, is to propose alternatives that help LGBTI+ people not to suffer physical and moral harm, together with what is experienced by being excluded from society by the retinue of a crime. In view of the above, the hypothesis to be developed in this research will be to determine whether, on the basis of sexual orientation and gender identity, LGBTI+ prisoners are victims of human rights violations and discrimination on the part of the body in charge of prisons and penitentiaries, or if it is only a marked lack of education on gender and sexuality issues. In addition, the following question will be answered in the development of the document: To what extent are LGBTI+ persons discriminated against in prisons and prisons in Bogotá on the basis of differential treatment and human rights? Once the problem question has been resolved, the general objective of the work will be fulfilled, which is to present the real panorama that the LGBTI+ community is living today in the Penitentiary Centers in Bogotá, Colombia, through: a jurisprudential analysis of the Colombian Constitutional Court; interviews with a prisoner of the Model Prison, the director of the INPEC of the Chiquinquirá Prison, and to the Secretariat of District Planning, Directorate of Sexual Diversity of Bogotá; finally, it will be specified whether or not the Colombian State complies with the international standards given by the UN on LGBTI+ persons deprived of their liberty, and its scope of the right to justice and human rights protection.