Vulneración del derecho a la rehabilitación social y discriminación de las personas privadas de libertad en el régimen penitenciario

Abstract

The present investigation has as its central object of study, the rights of persons deprived of their liberty, to social rehabilitation and to equality and non discrimination, fundamentally observing the reform of the Comprehensive Organic Penal Code that entered into force in January year 2021 in Ecuador, in accordance with which a group of crimes, that is, certain people, is excluded from the possibility of changing the prison regime from closed to semi-open or open. Persons deprived of their liberty, by constitutional mandate, are among the persons and groups of priority attention, establishing a catalog of rights that correspond to them in order to guarantee the exercise of their rights while they are in prison; In addition to that, there are several international instruments that guarantee the rights of those deprived of liberty, so it is unacceptable that legislative regression has been made in terms of rights, establishing clear discrimination in the enjoyment of fundamental rights.