A/HRC/14/35
takes place in hospital. Since January 2008, women with children in detention are entitled
to receive the child allowances paid by the State. Following recommendations of the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment, the Republic of Moldova is adjusting its temporary detention isolators with a
view to bringing them into line with international standards.
24.
Paraguay referred to detention facilities that are exclusively for women and another
for girls. Paraguay does not have a system of mixed incarceration. Canada noted that its
national legislation requires that all measures taken against young people who commit
offences must respect gender.
25.
Uruguay referred to women’s prisons and halfway houses (preparing women
detainees for release) in the country. The children of women prisoners are allowed to
remain with their mothers until they reach the age of five, and in 2005, home detention was
introduced for pregnant inmates for the last trimester of pregnancy and the first quarter of
breastfeeding.
26.
Mexico referred to the formation in 2008 of a group, including federal agencies,
civil society and academia, to consider the care of women in prison. The group held three
training courses on the human rights of women in prison for government officials. The
National Institute for Women (Inmujeres) has undertaken a number of activities in relation
to women in prison, including a study of court records of cases involving women
prosecuted for crimes and detained in rehabilitation centres. The Institute has proposed
amendments to the minimum standards for the social rehabilitation of women in prison.
5.
Law, policy and practice in respect of sentencing or deciding on pretrial
measures for a pregnant woman or a child’s sole or primary carer
27.
In resolution 10/2, within a broader invitation to States and other actors to devote
greater attention to the issue of women and girls in prison (para. 12), the Human Rights
Council highlighted the situation of pregnant women and those who are a child’s sole or
primary carer. In doing so, it emphasized the need to ensure that when sentencing or
deciding on pretrial measures for a pregnant woman or a child’s sole or primary carer,
priority should be given to non-custodial measures, bearing in mind the gravity of the
offence and after taking into account the best interest of the child (para. 13).
28.
The Netherlands reported that it is customary in the country that pregnant women
who are in pretrial detention are released from custody to give birth. In principle, the nondetained partner is expected to raise the child. If that is not an option, there are possibilities
for the mother to keep her child with her in pretrial detention, and possibilities for sanctions
alternative to detention are considered. Solutions are tailored to individual cases.
29.
The Republic of Moldova reported that the Criminal Code allows for the possibility
of deferral of punishments for pregnant women and women with children under 8 years old.
Paraguay referred to the existence of houses of refuge for juvenile detainees during
pregnancy and breastfeeding. Home detention is available for women with newborn
children and in the final months of pregnancy. Uruguay noted that a woman’s responsibility
for a child becomes one of the factors for judges to consider in deciding whether or not to
order release from custody.
30.
Slovakia noted that if an indicted woman is pregnant, this fact is brought to the
attention of the court and the prosecutor, with a supporting report on the woman’s state of
health. If a detention order has already been made, then specific conditions will be attached,
for example that the woman will be allowed to buy food, and that she will not be subject to
8
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