Decree 546 and Female Imprisonment in Colombia: Considering the Impact of Empty Policy on Institutional Trust

Abstract

What happens to institutional trust when fundamental human rights are not respected by the laws meant to protect them? The social and political environment spurred by the Covid 19 pandemic proved difficult for policymakers and the public alike, but perhaps those with the least agency fared the worst, prisoners. This thesis theorizes the concept of loss of institutional trust as a consequence of “empty policies”, through a feminist constructivist grounded theory study of Decree 546 and its effect on female detainees in Colombia. Intended as a decarceration measure to reduce the rate of Covid-19 transmission among inmates as a means of protecting the rights and health of detainees, few were eligible for release under the law due to a lengthy list of exclusions. The exclusion of drug-related offences had disproportionate impacts on female detainees, whose demographic makeup represents one of the most vulnerable groups in Colombian society both inside and outside the carceral system. An exploration and analysis of Decree 546 and responses to it, underpin the theoretical assumptions made in this thesis, where then, parallels are drawn to the wider context of the Colombian government’s responses to issues facing the country’s most vulnerable groups.