L'Emergència de la reinserció social de les persones privades de llibertat en el dret internacional dels drets humans: Aportacions des del model català de reinserció

Identificador:  TDX:4427

Handle: https://hdl.handle.net/20.500.11797/TDX4427

Autors:  Torres López, Juan José

Resum:
This paper aims to establish a theory on the emergence of the social reintegration of persons deprived of liberty in international human rights law. Through a logical-deductive methodology, he explores the construction of this right in the structure of international law, especially from its positivization in article 10.3 of the International Covenant on Civil and Political Rights (ICCPR). All this, on three basic ideas. The first is that all people have inalienable rights, including those subjects to a prison sentence. The restriction of these rights shall be subject, without exception, to the rule of law. The second is that the fulfillment of a prison sentence should serve to normalize the return to society of those who have violated the ordinance. The protection of human dignity and the recognition of human rights demand that the purpose of the penalty be not only retributive, but also pursue social reintegration. This Kantian concept of dignity is identified with the very conception of the human being, as 'an end in itself', and not as 'simple means'. The third is that the person sentenced to a prison sentence has already been tried in a judicial proceeding, with all the guarantees. The fulfillment of the sentence should focus on the process of reintegration, to facilitate its return to society.