A/HRC/13/39/Add.2 “Programme for Measures for the Non Deprivation of Liberty on a Communitarian Basis” as a means to reduce the number of cases of deprivation of liberty. By 31 July 2009, 262 juveniles from all over the country were part of the public system of implementation of non-deprivation of liberty measures and the joint system. The total number of juveniles deprived of liberty is 276. D. Women 1. Women in detention 68. The Special Rapporteur found the prison capacities for women to be severely strained, mainly due to overcrowding. In the case of the women’s prison in Montevideo, which the Special Rapporteur was not able to visit, he was informed by the Government that the rate of occupation was 211 per cent of capacity. Despite this fact, the detention facilities for women were considerably better than those for men or juveniles, and they also enjoy a more liberal regime. The prison visited by the Special Rapporteur was clean; each prisoner had her own bed and mattress. There was enough water for the prisoners to drink and wash themselves and they were allowed to prepare some of their own food. 69. According to Law 17.897, women in the last trimester of pregnancy and during the first three months of breastfeeding may be placed under house arrest.67 Nevertheless, none of the women interviewed, including the guards, had any knowledge of this provision. As a result, this possibility had not been used by any of the women. 70. An additional concern was the fact that the existing facilities are not adequate for children who are living with their detained mothers.68 Although the women are free to move around in the prison during the day, they are locked up at night, and have to call for one of the guards to open the cell when they need to use the bathroom. The Special Rapporteur therefore recommends the establishment of special facilities for the accommodation of female prisoners with their children. 71. The Special Rapporteur was pleased that female prisoners are guarded by female prison personnel and the separation of men and women in prisons is respected. In addition, the Special Rapporteur welcomed the establishment of the Working Group on Women Deprived of Liberty in Uruguay, comprising representatives from the executive and legislative branches of Government, academics, non-governmental organizations and the United Nations, and whose objective is to develop policies aimed at protecting and promoting the rights of all women deprived of their liberty, including improving conditions of detention. 2. Violence against women 72. Law No. 17.514 on domestic violence outlaws psychological and physical violence, including sexual violence,69 committed by an individual against another individual with whom a kinship or another relationship based on marriage or emotional attachment and cohabitation exists or existed in the past.70 Furthermore, the Law provides for various 67 68 69 70 16 Article 8 (3) Law 17.897. According to article 29 of Law Nº 14.470, children may remain with their mothers in prison until the age of 4. Article 3 Law No. 17.514. Article 2 Law No. 17.514. GE.09-17655

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