03/09/2020 - 16:51
- Clarín.com
- Society
The Federal Criminal Cassation Chamber recommended that women prisoners who are pregnant or have children under five years of age have access to house arrest, since " the prison is not an environment conducive to the satisfactory development of a pregnancy or the raising of children ".
In a resolution signed by a dozen judges, the Chamber considered that "it is imperative" to provide an alternative solution to prison for these cases .
The signatory judges considered that it is "a humanitarian and priority issue" that involves two vulnerable groups and that there is also " a prison emergency context ".
The lawyers argued that Law 26,472 incorporated the possibility that pregnant women and children under five years of age can access house arrest, however, there are still women "in a state of gravity" who remain detained with their children.
"According to data revealed by different reports, they may be facing difficulties in accessing health and hygiene, food, education and personal ties, due to the lack of supplies and the infrastructure deficiencies of the prison system," they said.
The Prison Procurator identified as main problems the poor housing conditions, the difficulties in accessing obstetric and pediatric medical care, abusive practices such as derogatory searches and lack of contact with their family and social ties, among other issues.
"The right to freedom constitutes the general rule that must govern during the process, and that the incorporation of the catalog of alternative measures to confinement provided for in the new Federal Criminal Procedure Code provides mechanisms to address the problem of women prosecuted in a state of Gravidity and / or with sons and daughters in preventive detention, "they said.
The agreement was signed by the judges Angela Ledesma, Ana María Figueroa, Daniel Petrone, Diego Barroetaveña, Guillermo Yacobucci, Alejandro Slokar, Carlos Mahiques, Mariano Borinsky, Javier Carbajo and Gustavo Hornos .
The magistrates Eduardo Riggi and Liliana Catucci voted in dissent, while Juan Carlos Gemignani did not subscribe because he was on leave.
Source: Télam