Cárcel y sexualidad: un análisis sociojurídico sobre la creación de sentido de los Derechos Sexuales y Reproductivos. Penitenciaria de Media Seguridad de Bogotá La Modelo
Thesis
This thesis entitled Prison and sexuality: a socio-legal analysis about the creation of meaning of Sexual and Reproductive Rights. Medium Security Penitentiary of Bogota D.C. -La Modelo-. proposes from the enunciation of the State of Unconstitutional affairs declared by the sentence T-153 of 1998, to identify in the continuity of the critical phenomenon of the country's prisons a form of action in accordance with the nature of the State; therefore, it is not a matter of exceptionality but of functional normality. This thesis, through the identification of the conditions that make possible the guarantee of Sexual and Reproductive Rights in Colombian prisons, tries to reveal how the categorization of the critical prison situation given by the institutional and legal apparatus of Colombia is weak in its content and inaccurate, but it is part of the networks and techniques of power, domination and punishment, which allow to see the prisons in the country as functional to the hegemonic power radiated through the State Apparatus and the Ideological Apparatuses of the State. Therefore, ideological elements are identified that allow us to understand the ways in which the incarcerated sexed body is a social canvas determined by different levels of power configuration and regulations; such canvas is a long term social process where control and self-action devices located in the body and with it in the social interaction, ideal elements in the course of the construction of a hegemonic idea, crystallized. The analysis proposes to see the law as one more level in the complex configuration of the Person Deprived of Liberty, a place of power that supports within its action the possibility of constructing spaces that are outside the law, enunciating and normalizing them; in such a way that in prison the Unconstitutional State of Things became a normality representative of other social phenomena in which the elements of action of the structures of state power can also be identified. For this reason this thesis proposes through a socio-legal vision with the use of theoretical tools of the figurational sociology of Norbert Elias, along with the use of methodological tools provided by symbolic interactionism, Gadamer's hermeneutics and phenomenology, to look at the Colombian Rule of Law in the manner of a virus that mutates to replicate, specialize and strengthen itself in the social organism that erected it. It is connected with each individual, therefore the notion of inclusion and exclusion is diluted when it is observed how in the space of the intimate, that is sexuality, it is possible to identify the action of the State that is not simply coercive. This allows us to understand how the person deprived of liberty is located in an undefined line between the Subject of Special Protection and the Muslim characterized by Giorgio Agamben; a place in which it is possible to continue with the violation of fundamental rights without glimpsing a transformation in the short, medium or long term.
publication date
January 13, 2023 11:06 PM
Research
keywords
Conditions that make possible the guarantee of Sexual and Reproductive Rights in Colombian prisons
