Exercising fundamental rights in punitive conditions: education in Spanish prisons

Abstract

ABSTRACTStates use confinement in prisons to punish people who break the regulations and laws established in every society. Although prison limits the right to freedom by constraining the convict’s options for self-realisation and social participation, the right to education, like the other rights, remains in force, prevailing at least in, or over and above, the context of prison. This study analyses education from the perspective of human rights and the exercise of fundamental rights in Spanish prisons by studying the legal and regulatory framework and the basic characteristics of educational paths prior to prison. It focuses on a context in which provision of both formal and informal education for women prisoners still shows deficiencies in education and training. The study also evaluates the importance of protecting the right to education in places of punishment, and the influence of education on social reintegration processes. Its goal is to analyse the diverse living conditions of women prisoners, an especially vulnerable group in society from both the socio-educational and the gender perspective. Finally, we recommend that states not only implement a full, high-quality education system in prisons but also ensure professional and contextualised work suitable to the characteristics of those confined to prison.