Dwellers of darkness: Peruvian constitutional court case law on right to equality of persons deprived of liberty in prisons

Abstract

The article examines the extent to which Peruvian Constitutional Court case law protects the fundamental rights of persons deprived of liberty in prisons, in application of the right / principle of equality. For this, two conceptions of equality are contrasted: equality as non-discrimination and equality as non-subjugation. Special attention is paid to this second vision, as ideal for addressing the situation of groups that suffer structural discrimination or that are in a situation of special vulnerability, as is proposed to be the case with prison inmates. The article finds that Constitutional Court case law of Peru seeks to protect the equal enjoyment and exercise of fundamental rights by prison inmates, showing favorable evolution over time. In particular, the use of corrective habeas corpus and, more recently, of the declaration of unconstitutional state of affairs is interesting, in the case of prisoners with mental disabilities and in the case of prison overcrowding. However, pending tasks remain, such as improving the recognition and participation of prison inmates as a disadvantaged group.