Protocol of care for indigenous people deprived of liberty

A look from the Principle of Equality and Non-Discrimination

Abstract

In the Republic of Paraguay, indigenous peoples are victims of racial discrimination; the one that is accentuated in relation to those that are deprived of liberty in the national penitentiaries. It is for this situation that in 2018 the Ministry of Justice approved the Action Protocol for indigenous persons deprived of liberty (Protocol). The work aims to investigate the Protocol of action for indigenous peoples deprived of liberty of the Ministry of Justice of 2018, in order to analyze whether it is appropriate or not to the autonomous rights of indigenous peoples. Regarding the methodology, the focus is qualitative, non-experimental and cross-sectional design through a detailed and documentary study of the Protocol in light of the Constitution and international human rights law. Although the Protocol constitutes a sound legislative decision, it lacks in terms of regulation according to the interdependence of human rights. On the other hand, regarding legislative technique, the Protocol could be more operational than programmatic in order to become a direct source of indigenous rights.