Considering pregnancy and breastfeeding in sentencing and allocation
(Rule 61, Chapter 1)
Ecuadorian law prohibits the imprisonment of a pregnant women until 90 days after birth (alternative sentences such as house arrests can be used instead). Nursing mothers are also able to serve their sentences in minimum security facilities with their child.
While these are the only gendered factors considered, criminal law also provides that judges must especially protect those that, by reason of their economic, physical or mental condition, are facing vulnerable circumstances. In particular, committing an offence under intense fear or under threat of violence or committing an offence against poverty without violence and under the influence of economic circumstances constitute mitigating factors. Where two mitigating factors apply, the minimum penalty will be applied and reduced by one‐third, as long as there are no aggravating circumstances.
For more information see:
PRI, Linklaters LLP and IDPC, ‘Sentencing of women convicted of drug-related offences‘, 2020.