Cells as inmates’ dwellings in correctional centers

Abstract

According to the Spanish Constitution and included in the list of the fundamental rights of citizens, is the right of housing. The question to be discussed and the aim sought in the present research is whether or not, as a consequence of serving a sentence involving deprivation of liberty in a prison facility, a cell becomes a prisoner’s home or dwelling; it could be affirmed that it may constitute occasional housing, but not an inmate’s habitual residence or domicile. Likewise, it is necessary to give special attention to the question that if housing constitutes a preferential piece of social nature where home and (family) life can be settled, which generally is a housing unit, a house, an apartment or a set of rooms while a household space is where a group of people, often a family, live together and develop family objectives, the same cannot be said about a prison cell, since it does not meet any of these purposes. Therefore, it is neither housing, household, nor home, residence or domicile, but only the exclusive place where a sentence involving the deprivation of liberty is served. The method to arrive at this result works from a historical, descriptive and analytical perspective regarding both regulations and with respect to the Spanish prison legislation.