MOTHERHOOD IN PRISON: AN ANALYSIS OF THE RIGHTS OF PREGNANT WOMEN OR WOMEN WITH CHILDREN IN PRISON

Abstract

Contemporary society faces major challenges in reconciling the penal system and human rights, especially when it comes to pregnant women or mothers incarcerated. This e-book, entitled "Motherhood in Prison: An Analysis of the Rights of Pregnant Women or Women with Children in Prison", aims to provide an in-depth reflection on a delicate and little-discussed topic, but one of extreme relevance to the prison system, human rights and social justice.
In the first chapter, we explore the complexity of female criminality, a phenomenon that has grown in recent years and that requires a specific and differentiated understanding in relation to male criminality. We address the main motivations, characteristics and profiles of women who end up in prison, often in situations of vulnerability and social exclusion. Based on studies and statistics, this chapter presents a critical analysis that helps to contextualize the living conditions and challenges faced by women in prison.
In the second chapter, we delve into the reality of pregnant women serving sentences. We analyze the physical and emotional impacts of imprisonment during pregnancy, the difficulties in accessing adequate health services, and the psychological implications for both mothers and babies. This chapter also addresses the importance of public policies that ensure a healthy and dignified environment for pregnancy, in addition to examining existing practices and procedures (or the lack thereof) to ensure that these women are treated with humanity and respect, in accordance with the right to health.
The third chapter, entitled: Women's Prisons, focuses on the structure of women's prisons, highlighting the physical and infrastructure conditions offered to these women. Here, we address the challenges of adapting the prison system, historically designed for men, to the needs of women, including specific facilities for pregnant women and mothers with young children. This chapter also discusses the health, hygiene, and safety conditions of women's prisons, and questions the effectiveness of resocialization policies in an environment that is often inadequate to meet the needs of incarcerated women. In the final chapter, Legal Guarantees for Women Prisoners and Human Rights, the book delves into the legal guarantees and human rights of women prisoners, with a special focus on those who are mothers or pregnant women. This chapter explores the legal framework that ensures the rights of women prisoners, including the rights to motherhood and family life, which are fundamental for the healthy development of children. In addition, the book discusses the advances and challenges in the implementation of laws and regulations that aim to protect these women, highlighting practical cases, case law and the role of justice and human rights institutions in enforcing these guarantees.
This e-book is an invitation to reflect on an urgent and relevant topic, aimed at legal professionals, academics, students and anyone interested in social justice and human rights. Our proposal is to contribute to the debate on the humanization of the prison system and the protection of the rights of women and their children, with the hope of inspiring changes and fairer practices inside and outside the prison environment.
We hope that this reading awakens in each reader the sensitivity necessary to understand the complex realities experienced by these women, promoting empathy and transformative actions in search of a more just and inclusive society.
The authors,