Personal And Family Consequences Of People Deprived Of Liberty

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Personal and family consequences of people deprived of liberty

Introduction

This essay aims to know the concept of persons deprived of liberty, the consequences that are generated.

It is understood as deprivation of liberty, the prohibition or outpatient limitation of a person who has committed a crime, who is tried by the competent judicial authority and collects a trial, from that moment it is integrated into a social rehabilitation center, againstHis will, the same one whose purpose is the reeducation of the individual.

On the other hand it is essential to talk about each of these issues and focus on the rights that each of these people have without concerning that they are deprived of liberty. Then each of the aforementioned points will be developed:

Developing

Persons deprived of liberty are those who are under any form of detention by order of an authority, because of the commission or presumed (Ombudsman, 2012).

It is important to mention that every person deprived of liberty enjoys equal rights and compliance with obligations that any other, except those determined by law at the beginning of a personal precautionestablished in the regulations.

Impact

The deprivation of liberty entails a series of sequels because the person’s life situation changes radically. The loss of independent translation is an exalted and national brand very severe due to the abrupt involuntary change of habits, context, people, loss of intimacy, etc. The prison implies a subjection to tax standards for the system in terms of schedules, spaces, clothing, food and others.

These consequences are divided into:

Family consequences

  • Daily presence loss
  • Alteration in the functioning of the person due to emotional impact
  • Loneliness, depression, sadness, pain, resentment, melancholy, desolation, etc. (Reyes & Vite, 2016)

Consequences on the person deprived of liberty

  • Loss of family, medium or long -term family links
  • Possible loss of sexual role
  • Deterioration of their identity and other psychological factors, including perception and self – esteem.
  • Risk of not adapting to the development of a new code of conduct and values included with violent acts
  • Rupture with the outside world
  • Loss of control over your own life
  • Absence of expectations
  • Vulnerable to diseases
  • Lack of personal care
  • Exercise and receive aggressive behaviors and aggressiveness.
  • Lack of love
  • Difficulties for coexistence, etc. (Jesús Valverde M, 2013)

Articles that protect people deprived of liberty

The Constitution of the Republic of Ecuador, published in the Official Registry. 449 of October 20, 2008, is characterized by establishing a guarantee regime of people’s rights and freedoms, in strict adherence to what, in this regard, the international human rights instruments indicate, all of which is carried out, in our case, the Integral Criminal Organic Code (COIP) that, as it is known, entered into force since August 10, 2014, regulations that clearly and precisely be carried out by these guarantees, which tend to favor among others,To the prosecuted people deprived of liberty.

Guarantee

The Constitution of the Republic of Ecuador speaks of the basic guarantees to be granted to people linked by crimes, criminals to comply with the right to due process which is contemplated in article 76;In other words, justice operators and more specifically, the judges, cannot ignore any solemnity or stage of the process, because otherwise this would cause nullity of everything acted, and the evidence of charge must be valued both, that is, those that are those that theThey present against the accused, as well as those of discharge- favor of the prisoner for both the imputation and at the time of the sentence. (Ecuador, 2008)

The Constitution of the Republic has a series of mechanisms leading to the protection of the rights of persons deprived of liberty, for example, article 38 numeral 7, refers to the creation of special regimes for the fulfillment of the private measures, as well asArticle 51 deals with the rights of persons deprived of liberty, where there are seven numerals that talk about the rights that these people have. Article 89 of the same Constitution establishes as guarantee the habeas corpus, which aims to the freedom of those who have been illegally arrested.

Legal framework

The application of rights is stipulated in articles 38 numeral 7, 51, 76 numeral 7, 77, 89, 90, 201, 202, 203 and 424 second subsection of the Constitution of the Republic, in accordance with articles 2,4, and 12 of the Organic Integral Code and Article 282 numeral 3 of the Organic Code of the Judicial Function.

On the other hand within this framework we can focus on the prohibition of torture and other cruel, inhuman and degrading treatment.

Torture is the serious physical or psychological damage that is caused to a person, it is one of the most serious violations of human rights, for this reason, it is compiled in various national and international instruments signed and ratified by Ecuador.

The commitment of this crime not only affects the physical integrity of the person but also their dignity is an action that damages, humiliates and degrades. Many times, it is the lack of a present and future, and its family environment, which makes it such an extended practice. (Undersecretary of Rehabilitacio, 2014)

  • International standards that prohibit torture:

In the International and Regional System of Human Rights Protection, the practice of torture is expressly prohibited. The essential contribution of these instruments constitutes the establishment of a set of obligations and commitments that states must comply with in order to prevent, control and sanction the exercise of torture against their citizens. Among these obligations we have:

  • Incorporate torture, including be tentative, as a crime in criminal law
  • Inform and train their public servants, especially those in charge of compliance with the law, as well as any person who participates in the custody, interrogation or treatment of persons subject to arrest, detention or deprivation of liberty, about the prohibitionof torture.

The Universal Declaration of Human Rights refers: Article 5.- “No one will be subjected to torture or cruel, inhuman or degrading penalties or treatment."

The International Pact of Civil and Political Rights

Indicate: Article 7.- “No one will be subjected to torture or cruel, inhuman or degrading penalties or treatment. In particular, no one will be subjected without their free consent to medical or scientific experiments."

Article 10. No 1.- “Every person deprived of liberty will be treated humanly and with respect due to the dignity inherent in the human being."

Role of the social worker with people deprived of liberty

Social work in prisons or aimed at inmates, plays a very important role within the professional work of a social worker. Prison institutions, according to social work, is an area for the modification of behaviors and the temporary or permanent concealment of people who threaten social coexistence under a free environment, since by a certain cause they have corrupted the same.

The purpose of the social worker with the inmates is to achieve the social reintegration of the individual, in order that he becomes knowledge and identify the circumstances that originated his criminal behavior and the consequences derived from the deprivation of liberty.

Of first instance, the social worker must keep in mind that his work is aimed at a subject in a situation that also remains a person and has human dignity. (Gema Perales, 2012)

Functions carried out by the social worker

  • Intervention with individuals and families
  • Risk-transition weighting
  • Protection service
  • Case-maintenance management
  • Provision of services and resources
  • Dispute resolution: conflict management
  • Organization maintenance
  • Programs development

Frame of references investigating the social worker in this area

  • Family relationships
  • The interpersonal relationships
  • His previous coexistence in the community
  • Reason why the person is imprisoned. (Gema Perales, 2012)

Reintegration of people deprived of liberty to society:

The Ministry of Justice, Human Rights and Cults (MJDHC) as the Governing Body of Comprehensive Care for Persons Private of Liberty (PPL). It resolves to implement strengthening programs and improve the conditions of productivity, quality, marketing and strategic insertion of persons deprived of liberty, pre -released and adolescents in conflict with the law, in national and international markets.

Among the programs that are developed in Ecuador, the most important are those of the "productive chains" plan, which consists of the identification of local market for products made by PPLS. This program deals with the manufacture of wood furniture in the Social Rehabilitation Centers (CRS) of Quito, Ambato and Tulcán, supporting between 20 to 25 beneficiaries in each center.

At present, it is sought to train in more productive issues regardless of the education that the person has, carpentry, metalworking and painting workshops are implemented among the inmates, since there is a lot of motivation on the part of these to work.

Other projects within Ecuador

  • The MJDHC Labor Reinsertion Area indicates that the second program that will be undertaken with those deprived of liberty consists in the implementation of organic gardens. This will be at the Ambato Social Rehabilitation Center benefiting 35 inmates and in the trusted house of Quito and in adolescent care centers the same number of rehabilitated.
  • The third project that is being carried out in the CRS of men N1 is called “Entrepreneurship”, which consists of training in companies by developing potential entrepreneurs. This plan is intended to prepare business plans for the formation of microenterprises, where 53 PPL benefit, that is, the entire population of Pavilion B.
  • In addition, the "digital citizen" is another plan that wants to be implemented to highlight computer skills, favoring 26 inmates. (Ministry of Justice)

conclusion

Finally we can say that people deprived of liberty are there for various situations external to the world that surrounds them, although we cannot say that they are well since being deprived of freedom rather deteriorates a person both physical and psychologically;On the other hand we can say that at present these people are considered as priority care groups, they have rights that protect and watch for their well -being.

The consequences that these people present in the short and long term are serious since they not only affect them individually but rather directly affects their family and third parties that surround them, since although the prisoners are predested so that the people who whoThis is supposedly renewed but many of the time it does not happen, because people have to be damaged even more within the prisons.

Also, we can say that the social work intervention is fundamental within this area to know if the PPL is not satisfied with the treatment they are giving them, it may be that maybe this person observes that their rights are being violated, it is preciselyTherefore, the professional is indispensable within this work area.

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