CAT/OP/CHL/1/Add.1 humanitarian grounds so that cases involving lengthy sentences do not become a kind of advance death penalty. 36. Paragraph 89: The Subcommittee recommends that the State party adopt a crosscutting approach to gender mainstreaming in its incarceration and rehabilitation policies. 37. Paragraph 93: The Subcommittee recalls that, under rule 23 of the Bangkok Rules, disciplinary sanctions for women prisoners should not include a prohibition of family contact, especially with their children. 38. In promulgating Act No. 20968, which defines the offence of torture, the President of the Republic mandated the Office of the Under-Secretary for Human Rights to amend Decree No. 518, which established the country’s prison regulations, in order to incorporate a human rights perspective, particularly in view of the events of October 2016, when Lorenza Cayuhán Llebul, an indigenous woman deprived of her liberty, was shackled several times during childbirth. 39. Events of that kind led the Supreme Court to uphold an application for amparo in December 2016 and to rule that the Chilean Prison Service should review its protocols for transfer to outside hospitals and bring them into line with the international instruments ratified by Chile regarding pregnant or breastfeeding women deprived of their liberty and the eradication of all forms of violence and discrimination against women.21 40. As ordered by the President of the Republic and the Supreme Court, new regulations incorporating a human rights perspective are currently being drafted; these regulations reaffirm the State’s duty to act as guarantor and place the focus on persons deprived of their liberty, so as to ensure that deprivation of liberty does not result in the unlawful restriction of other fundamental rights. This approach requires that the gender perspective be taken into account, not only in the regulations themselves, but also in their implementation, to ensure that there is an improvement in prison practices. In addition, a series of cross-cutting principles have been drawn up which apply to the Prison Regulations as a whole, such as respect for the right to equality and non-discrimination and respect for the principle of cultural sensitivity. 41. As regards disciplinary sanctions, the new regulations provide for a new disciplinary procedure designed to reduce opportunities for abuses, and applicable sanctions have been reviewed and modified in order to apply the principle of proportionality and restrict the use of solitary confinement. The new regulations should enter into force during the first half of 2017. 42. The Prison Service is aware of the importance of preserving the bond between mothers deprived of liberty and their children, and the Procedures Unit of its Operations Subdirectorate is therefore working on a comprehensive proposal to bring internal protocols and regulations into line with human rights standards by ensuring that detainees cannot be deprived of contact with their families as a disciplinary sanction. In this regard, the heads of unit of the custodial subsystem will have a limited framework for action when punishing breaches of internal regulations; this framework will also be applied in the regulations for visits to persons deprived of their liberty, which will be finalized in July 2017. 43. Meanwhile, SENAME has acknowledged the importance of strengthening the emotional ties between teenage mothers and their children and introduced regulations to that end in 2007 which remain fully in force today. Under these regulations, adolescents in the criminal justice system22 cannot be deprived of family contact and, more specifically, teenage parents whose children are not with them are entitled to receive daily visits from them.23 44. Under the protection system, there are seven residential centres for pregnant teenagers and teenage mothers and their children whose rights have been violated. These centres are located in six regions of the country and can accommodate a total of 230 21 22 23 10 Supreme Court, case No. 92.795-16, judgment of 1 December 2016, operative paragraph 3. Exempt resolutions Nos. 0321/B and 0224/B, supplemented by Circular No. 15 of SENAME, remain in force. Right No. 9, paragraph 2 of Circular No. 15 of SENAME, dated 23 May 2007. GE.17-07762

Select target paragraph3