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The Supreme Court of Justice ruled that female prisoners may receive family allowances for child and pregnancy

2020-02-11T18:49:47.638Z


The resolution covers inmates who chose to remain in prison with their children under 4 or who are pregnant.


02/11/2020 - 15:10

  • Clarín.com
  • Politics

The Supreme Court of Justice confirmed the judgment of the Criminal Cassation Chamber that condemned the ANSeS to pay family allowances to the inmates of the Women's Detention Center Unit 31 who chose to remain in prison with their children under 4 years or who are pregnant

The claim promoted by the National Prison Prosecutor and the Official Ombudsman through a habeas corpus had been rejected by the federal Justice of La Plata, but Cassation admitted it on the grounds that "the family allowances law does not exclude private women of freedom or their children . "

In its ruling, the Supreme Court recalled that habeas corpus is a legal means "quick and effective to safeguard decent treatment in prisons and to solve unfair situations that arise there." In addition, he stressed that "entering a prison does not deprive people of the protection of laws and, first of all, of the National Constitution so that any situation of deprivation of liberty imposes on the judge or official authorizing the duty to guarantee compliance with constitutional norms, international treaties ratified by the Argentine Republic and the rights of the detainee not affected by the measure in question. "

Court ruling on mothers and pregnant prisoners by Clarin.com on Scribd

Meanwhile, the law mandates "the remuneration of work and the deduction of contributions corresponding to social security" for which reason "it is unacceptable the argument that it would not be appropriate to recognize the assignments of law 24,714 because in the prison environment must be respected labor and social security legislation. "

The Court also referred in its ruling to the situation of "institutional violence" referred to in the Law on Integral Protection of Women and its regulations in accordance with international standards in this area, as "the status of women deprived of freedom cannot be assessed for the denial or loss of social plans, subsidies, services or any other agreed benefit or to which you have the right to access. "

Source: clarin

All news articles on 2020-02-11

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