The exercise of fundamental rights in prison: the case of the right to education in catalan prisons
Abstract
The Spanish Constitution establishes that inmates, although being legally deprived of their freedom of movement, maintain the possibility of exercising the rest of their fundamental rights. Yet, both legal and sociological approaches to this matter make visible serious effects on the exercise of said rights. One of them is the right to education, a fundamental and human right recognized for all people throughout life whose objective is the full development of one’s personality. Despite the importance of this right and the centrality of educational activity in society, problems surrounding its exercise in a prison environment have been sparsely addressed. For this reason, in the present work we analyze the exercise of the right to education of people deprived of liberty, more specifically, in Catalan prisons, following an approach to daily practice from a teaching perspective. We study how schools fit within a prison context in an attempt to determine whether or not there are limitations or conditions to the exercise of this right, and which advantages of their presence are.
Received: 14.10.2021
Accepted: 13.12.2021
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Last update: 08/02/2022
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