In Latin America, there are some efforts to promote non-custodial measures. In Chile, this work focuses on advancing a bill to amend various provisions regarding the applicability of pre-trial detention and the substitution of sentences for pregnant women or mothers of children under three years of age.
A forum for dialogue
On July 31, 2025, in Santiago, Chile, the Ministry of Justice and Human Rights, with support from the APT and multiple stakeholders, hosted a workshop titled Women, Motherhood and Prison: Dialogues Towards a Rights-Based Justice. This high-level event gathered justice and prison officials, civil society representatives, academics, and international organizations.
The workshop provided a platform to analyze the proposed bill from a human rights perspective and foster inter-institutional and multisectoral dialogue. Discussions focused on the differentiated impact of detention on pregnant women, women caregivers and early childhood.
The program included opening remarks by the Minister of Justice and Human Rights, Jaime Gajardo Falcón, and the Minister for Women and Gender Equality, Antonia Orellana Guarello; a detailed presentation of the bill by the Undersecretary for Human Rights, Daniela Quintanilla Mateffy; and a discussion panel with representatives from civil society, LEASUR, and APT. The session combined brief presentations with an open forum, addressing the legislative, social, and implementation challenges related to the proposal.
Why this matters
This initiative underscores the critical role of gender-responsive policies in transforming criminal justice systems. This work is part of the APT’s efforts to foster the implementation of Advisory Opinion OC-29/22 issued by the Inter-American Court of Human Rights. The OC-29/22 urges States to give priority to the use of alternative or substitute measures in the application and execution of sentences in the case of women during pregnancy, childbirth, and the postpartum and breastfeeding period, as well as when they are primary caregivers. The initiative also aligns with the Inter-American Commission on Human Rights’ report on women deprived of liberty in the Americas, which highlights the need for gender-responsive policies to protect the rights and dignity of incarcerated women.
Looking ahead
The results of the workshop will serve as a basis for advocacy and technical support at both the national and regional levels. APT remains committed to facilitating the exchange of knowledge, including cross-country dialogues to strengthen regional efforts in favor of the rights of women deprived of their liberty.
This initiative forms part of the APT’s broader 2024 Global Report on Women Deprived of Liberty, a comprehensive analysis that calls for the urgent need for gender-sensitive approaches in criminal justice systems worldwide.
This initiative in Chile is part of the efforts to disseminate the APT’s 2024 Global Report on Women in Prison, which compiles information provided by National Preventive Mechanisms from around the world.
