House arrest for mothers who are prisoners in Colombia to guarantee the principle of superior interest of the child

Abstract

The prison crisis in Colombia violates the fundamental rights of the prison population; thereby it violates human dignity. Although through the declaration of the unconstitutional state of things recommendations such as creating coherent and articulated criminal and public policy providing minimum guarantees have been issued, the tendency to issue laws that aggravate penalties, favor jail prison and increase overcrowding without consideration for women is observed. All of which leads to the breakdown of their family nucleus and especially affects their minor children, whose right to remain in their care, as provided by Law 1709 of 2014, is restricted at the most important stage of their development. For this reason, based on the analysis of international instruments for the protection of human rights, the legal-scientific doctrine, and jurisprudence, an extension of the special house arrest privilege granted for eight months, contained in article 314 of the C.P.P., in accordance with article 461 of the C.P.P. is proposed to be changed up to three years of age of the minor, as a guarantee to the Best Interest of the Child, and thus also to favor the humanization of the sentence and resocialization.