Deprived of Liberty

Questionnaires

Questionnaire on Women Deprived of Liberty, 2021

Over the course of this year, the Rapporteurship on the Rights of Persons Deprived of Liberty will prepare a report on women deprived of liberty in the Americas, with the aim of conducting an in-depth analysis of the special situation of risk faced by incarcerated women in the Americas, the reasons behind their involvement in the criminal justice system, and the disproportionate impact of their imprisonment on their dependents.

In general terms, the situation of women deprived of liberty is characterized, among other aspects, by an alarming increase in their prison population that principally stems from: (i) the lack of gender perspective in the criminal justice system, in incarceration, and in the drug policy approach; (ii) gender-based violence, poverty, and women’s responsibilities as caregivers as determining factors in their involvement with the criminal justice system; (iii) the vulnerability and risk women face in connection with their deprivation of liberty; and (iv) the disproportionate impact of their imprisonment on their dependents.

In its report on Measures to Reduce Pretrial Detention (2017), the Commission analyzed the adverse impacts of drug crime policies on imprisonment, and specifically, on women. Significantly, these statements have created space for the Commission to establish relevant guidelines, and in this context, the Commission will expand upon its approach to drug policies with a human-rights focus and gender perspective.

The relevance of this report is mainly based on the following factors: (i) the visibility of the distinct adverse impacts and special situation of risk that women face when they are deprived of liberty; (ii) the need to address the reasons why women are incarcerated, and in particular, why they get involved in drug-related crimes; (iii) the need to establish pertinent standards and recommendations; and (iv) the urgency of undertaking the implementation of alternative measures as one of the principal solutions for ensuring women’s rights.

Specifically, the objective of this questionnaire is to gather information from the States, civil society organizations, academia, and specialists for consideration in the preparation of the aforementioned report. The Commission requests that you respond to the questions, and where applicable, attach copies of the respective regulatory frameworks, policies, and practices.

The requested information should be submitted by email to: [email protected], by April 10, 2021. The subject of the email should read: Questionnaire - Women Deprived of Liberty in the Americas.

Questionnaire on the use of preventive or pre-trial detention, 2012

On August 31, 2012 the IACHR publicized a questionnaire on the use of preventive (or pre-trial) detention in the OAS Member States, aiming to obtain input for the drafting of a regional report on this subject. On October 4, the IACHR announced a general extension and set the November 2, 2012 as the deadline for submission of responses to the questionnaire. The consultation process encompassed governments, regional organizations, scholars, civil society organizations, and other stakeholders engaged in promoting respect for and defense of the rights of persons deprived of liberty.

The IACHR is no longer receiving responses to this questionnaire.

Questionnaire in the context of the thematic report on Persons Deprived of Liberty in the Americas, 2010

In 2010, the IACHR published a questionnaire to obtain information for the elaboration of a thematic report. The report is aimed at providing specific recommendations and to promote the implementation of the international standards for the protection of the human rights of persons deprived of liberty. The consultation process encompassed governments, regional organizations, scholars, civil society organizations, and other stakeholders engaged in promoting respect for and defense of the rights of persons deprived of liberty.

The deadline to send responses was originally May 21, 2010. On May 28, 2010, the IACHR extended this deadline to June 21, 2010. The period to receive answers is now closed.