The sexuality of prisoners in constitutional jurisprudence

  • Juan Luis de Diego Arias
DOI: https://doi.org/10.18543/ed-63(2)-2015pp225-241
Keywords: Constitutional Court, Sentences 89/1987 of June the 3rd and 28/2013 June the 3rd, Fundamental right to privacy, Sexuality, Prison

Abstract

The paper examines critically the Spanish Constitutional Court doctrine on imprisoned persons sexuality that is contained in the sentences 89/1987 of June the 3rd and 28/2013 June the 3rd. The constitutional judge integrates sexuality in the field of privacy, but denied it as a fundamental right. Opposite to this position, this paper argues that the contacts called «intimate», those with sexual content, are exercising the fundamental right of privacy. The defense of this thesis is based on the Constitution and the penitentiary legislation.

Published online: 22 December 2015

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Published
2015-12-22
How to Cite
de Diego Arias, Juan Luis. 2015. “The Sexuality of Prisoners in Constitutional Jurisprudence”. Estudios De Deusto 63 (2), 225-41. https://doi.org/10.18543/ed-63(2)-2015pp225-241.
Issue
Vol. 63 No. 2 (2015)
Section
Notes

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