Punishment, vulnerability, and human rights

Abstract

The main objective of this research is to analyze the moral and political problem of punishment in relation to vulnerability and injustice. We argue that penal practices disproportionately affect the most vulnerable groups, thereby reproducing and perpetuating deep social inequalities within the penal system. To this end, we draw on the reflections of Hyman Gross and Bruce Waller regarding the unjust nature of punishment, characterized by the intentional infliction of suffering and the violation of basic human rights. We also discuss certain abolitionist critiques to illustrate the structural dimension of penal injustice and examine the limits of traditional concepts such as desert and proportionality as safeguards against arbitrariness. Finally, we present possible alternatives to the retributive model of punishment, including the quarantine model, the therapeutic model, and the educational model, aimed at overcoming retributive logic through practices oriented toward prevention, rehabilitation, and social reintegration. We conclude that recognizing punishment as unjust compels us to restrict its application and to develop responses consistent with the dignity and fundamental rights of individuals.