The right to education during the institutionalized execution of the custodial sentence

Abstract

Introduction: It is an international consensus that education constitutes a right of all people and that even in conditions of imprisonment this should not be limited. Cuba, as an active part of this international assignment, has designed a set of programs, tasks and strategies to guarantee the materialization of the right to education of prisoners, overcoming the complex realities that arise to educate in conditions of confinement and achieve appropriate behavior for live in freedom, a task that clearly appears to be highly complex due to the conditions of confinement in which it is carried out. This article aims to: Dimension the importance of the education of prisoners as an expression of the principle of equality, in compliance with the constitutional mandate and as a way to achieve better results in social reintegration. Materials and methods: It was important for the development of the research to carry out an exhaustive updated bibliographic review, selecting as fields the Theory of Education and the right to education in penitentiary establishments, using the different search systems existing in Cuba. Articles, monographic studies, books, both in physical and digital existence, specialized magazines and internet sites, both dedicated to pedagogical and law studies, were reviewed. Results: The fight for the humanization of penalties, regardless of their nature, constitutes today one of the greatest challenges for criminal law, not only for those that the regulations identify as subjects of certain legal relationships, but for the entire community. , for society as a whole. The debates on this topic essentially focus on issues closely linked to the protection of human rights and compliance with the constitutional mandate in this regard, which in the case of Cuba starting in 2019 is especially dimensioned with the promulgation of the new Constitution of the Republic of Cuba. Discussion: Although the special regulations for penitentiary treatment and the activity carried out in their institutions have currently been updated, the same has not happened with the regulations that govern these cases in the Ministries of Education and Higher Education. those that are not yet in tune with the profound transformations carried out in criminal matters and that can sometimes limit the right to education of certain inmates, all of which speaks of effects on the principle of equality for the fulfillment of this important right in the resocialization. Conclusions: This work defends the importance of education in penitentiary centers in order to prepare these people to develop their skills for the outside world as a result of re-education that favors the possibilities of reintegration.