A sociological approach about the conflict is emerging in societies characterized by crisis and it refers us as a scenario of uncertain democracy. Social changes move at a different speed compared to the normative power of rights, generating a constant crisis. Conflict pervades rights, power and institutions. Institutions are increasingly fragile compared to the rights power. The analysis of the Prison’s Administration and the failure to realize the fundamental rights of prisoners regarding the living space allows us to also address the issue of the new rights. The new right of affectivity, approved by the Italian Constitutional Court with sentence number 10-2024, affirming as illegal part of the article 18 of the Law n. 354-75 which prohibited intimate meetings, poses an essential question: How is it possible conceiving a new right without having guaranteed the main right of human dignity? Are compensatory remedies enough to balance the procrastination of overcrowding and inhumane and degrading treatment?