Motherhood in Chilean prisons: A view from the international human rights law standards

Abstract

This text analyzes the international standards that the State of Chile must comply with to ensure the proper protection of the female prison population, with an emphasis on women who serve sentences in prison during pregnancy and breastfeeding. It systematizes the applicable instruments of international human rights law, highlighting the American Convention on Human Rights as a regional standard, along with other treaties that refer to the situation of women and their status as prisoners. The work reviews the characteristics of the female prison population in Chile and their experience in penitentiary facilities, as well as compares the current regulations and national jurisprudence, considering the obligations imposed on the State through international treaties. The main objective is to analyze Chilean prison legislation to identify whether there are specific norms that adequately regulate the situation of pregnant and lactating women in prison, and to evaluate such regulations to comply with international standards for the protection of their fundamental rights, guaranteeing their dignity and well-being during the fulfillment of their sentences.