In most Latin American countries the female penitentiary population represents less than 10% of the inmates. Most of them have been convicted for non-violent crime like drug trafficking, more than half are between 20 and 35 years old and almost all of them have children (some of them living with their mothers behind bars).
A key problem these women face is the enjoyment of their rights to sexuality and to motherhood. This issue is rarely discussed, however, because society, politicians and the media assume that this part of the population has no fundamental rights at all. While some restrictions certainly must accompany prison life, any enforced limitations should be reasonable and justified. Under these criteria, it is not apparent why rights to sexuality and maternity should be denied.
However, there are many “requirements” imposed by prison authorities for female inmates to be able to exert their sexuality in conjugal visits. For instance, they are required to have a stable relationship, which must be ascertained through a marriage certificate or the birth certificate of a common child. They are also required to have uninterrupted “excellent behavior” for a period of no less than six months. Such requirements are common in many Latin American countries.
