Analysis of the special forms of execution existing in the Spanish penitentiary system for maternal and paternal profiles: possibilities, criticisms, proposals for improvement and defense of an extensive application to fathers of the normative possibiliti

Keywords: Maternity, paternity, childhood, prison

Abstract

This work addresses the complex problem of the incarceration of people who have dependent children, suffered especially by women, and the impact that this has on minors and on intra-family dynamics. The different ways of serving the prison sentence in these cases are explored from a critical perspective, and it is defended that when making decisions about any aspect of detention, the care responsibilities of these boys and girls should be taken into account, avoiding the separation of mothers or fathers and their children and, also, their entry into a penitentiary establishment, at least one with an ordinary regime. It is also advocated for an extensive application of the normative possibilities provided for the maternal profile to the paternal profile.

Received: 17.07.2024
Accepted: 18.09.2024

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Author Biography

Tàlia González Collantes, Universitat de València, España

Profesora de Derecho Penal y miembro del Instituto Universitario de Investigación en Criminología y Ciencias Penales

Published
2024-12-23
How to Cite
González Collantes, Tàlia. 2024. “Analysis of the Special Forms of Execution Existing in the Spanish Penitentiary System for Maternal and Paternal Profiles: Possibilities, Criticisms, Proposals for Improvement and Defense of an Extensive Application to Fathers of the Normative Possibiliti”. Estudios De Deusto 72 (2), 105-44. https://doi.org/10.18543/ed.3209.
Section
Studies