CAT/OP/BRA/2/Add.1
such permanent equipment as first-aid items for treatment of women and children, supplies
for dental treatment, first-aid and emergency kits, articles for sample collection, basic tests
and gynaecological tests, and the fittings to create the environment necessary for reception,
family integration and the care of children and mothers.
128. For women who become pregnant, the Sentence Enforcement Act states that the
woman shall be admitted to an appropriate separate facility, that she will be guaranteed preand postnatal medical care and care for the newborn, and that women prisoners and
newborns will be ensured the minimum conditions to remain together during the
breastfeeding period. Act No. 11634 of 27 December 2007 and Act No. 11108 of 7 April
2008 are also to be applied, guaranteeing pregnant women the right to be informed about
and attached to a maternity clinic and the right to a birth companion.
129. In addition to the Sentence Enforcement Act, the Family Planning Act (Act No.
9263 of 12 January 1996) should be considered. Women have the right of access to
contraceptive methods – not to be confused with sterilization or with population-control
policies.
130. The National Council on Criminal and Penitentiary Policy adopted two resolutions
on this subject. The first, Resolution No. 14 of 11 November 1994, which established
minimum rules for the treatment of prisoners in Brazil, states that women shall serve their
terms in separate facilities and that conditions shall be such as to ensure that the female
inmate will be able to remain with her children during the breastfeeding period.
131. The second, Resolution No. 4 of 15 July 2009, regulates the stay, residence and
subsequent transfer of women prisoners’ children. The resolution states that the
permanence of the maternal bond must be considered primordial in all situations and that
children must have the right to stay with their mothers until they are at least 18 months of
age, after which a gradual process of separation should begin. The Resolution likewise
states that the choice of home for the child shall be made by the mother and father, with the
help of professionals from the prison social and psychological services or the courts, and
looking at options in the following order: extended family, foster family, institutions.
132. To guarantee these rights, the Federal Government ordered that all correctional
facilities housing women should provide prenatal care for low and high risks and guarantee
access by all pregnant women in prison to care in the event of complications and for
childbirth. The units now equipped have 260 registered teams and can attend to women in
prison and instruct mothers in first aid, connecting them with primary care networks.
133. In 2011 the Federal Government invested R$ 2 million from the National
Penitentiary Fund to equip basic health units and mother and child health centres. In the
area of health expenditures, R$ 13.2 million was allotted to pay for the work of the healthcare teams in the prison system. Detailed information on the equipping of these health units
can be found below:
State
Alagoas
Beneficiary
women inmates
Mother and child
health centres
2011
143
1
2012
160
1
Amazonas
2011
514
6
Amapá
2011
112
1
2013
130
1
2007
204
1
Bahia
GE.14-42059
Financial year
29
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