Unconstitutional State of Affairs, Prison, and Disability from a Critical and Human Rights Perspective

Seminario-Hurtado N.; Avellaneda-Vasquez J. · Vniversitas (2025) · DOI: 10.11144/javeriana.vj74.usap

Resumen

This article seeks to evaluate the extent and present condition of the unconstitutional state of affairs established by the Constitutional Court of Peru in Ruling No. 05436-2014-PHC/TC. It aims to examine the unlawful state of circumstances as a pivotal mechanism in judicial activism and as an instrument for the safeguarding and advancement of human rights. The paper examines the circumstances of incarcerated individuals with disabilities, who represent one of the most vulnerable and oppressed populations impacted by this constitutional ruling. The employed methodology is qualitative, utilizing a socio-legal documentary framework. The findings indicate that, despite the proclamation of an unconstitutional state of affairs, substantial shortcomings persist in the realization of the rights of these individuals. The study concludes that, although advancements have occurred in various domains, the judgment has not been comprehensively and successfully executed, especially concerning the inclusion, protection, and particular requirements of individuals with disabilities within the correctional system.

Instituciones: Universidad Tecnológica del Perú; Universidad Católica Sedes Sapientiae