The Dilemma of the Penitentiary Body

Trans Corporality in the Colombian Prison System

Authors

  • Gerardo Contreras Ruvalcaba EQUIS: Justicia para las Mujeres

DOI:

https://doi.org/10.5347/isonomia.v0i52.283

Keywords:

trans corporality, prison system, right to free development of personality, anti-discrimination, vulnerability, queer theory

Abstract

In 2016, the Colombian's National Penitentiary and Prison Agency (INPEC) reformed the prison regulation to add anti-discrimination measures in favor of the LGBT population. Recognizing the disciplinary function of the prison complex, this text will analyze the INPEC’s rule through a queer approach to law, proposed by Dean Spade. This study argues that anti-discrimination measures of INPEC establish a dynamic effect on trans people deprived of freedom’s right to free development of personality. The result is due to that the prison reform is a triumph to LGBT activism as well as it perpetuates a binary and essentialist discourse of sexuality. The article aims to expose that anti-discrimination reform of INPEC is a queer law: a technique degrading and protecting, at unison and in a contradictory way, the trans life.

Published

2020-10-31

How to Cite

Contreras Ruvalcaba, G. (2020). The Dilemma of the Penitentiary Body: Trans Corporality in the Colombian Prison System. Isonomía - Revista De teoría Y filosofía Del Derecho, (52), 63–97. https://doi.org/10.5347/isonomia.v0i52.283

Issue

Section

Research Articles