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1. A Holistic Approach

The asymmetry and inequality of power relations between men and women, and the gender violence and poverty that affect women who end up incarcerated for drug offens- es, are issues that require a holistic response. Instead of merely warning women about the criminal consequences of drug trafficking through educational campaigns, it is important to undertake initiatives that address issues that result in women’s involvement in drug-re- lated offenses. This includes the construction of gender roles, stereotypes of femininity and masculinity, and violence against women.

A holistic approach should give women economic independence, contributing to their empowerment and autonomy in making decisions that affect their lives. It should also guarantee that women not see the drug trade as the only option for economic surviv- al. The following recommendations are therefore made:

• Implement specific programs to provide alternatives to women who, because of their situation of vulnerability and the context in which they live, can easi- ly be drawn into organized crime or end up working in small illicit businesses managed by their families. These programs should include informational con- tent—on forms of recruitment and the legal consequences—and offer viable life options so that women are not trapped in the cycle of social exclusion and marginality in areas where organized crime is present.

• Guarantee that government agencies—secretariats, ministries, institutes, etc.— responsible for designing and implementing programs with and for women af- fected by social exclusion are knowledgeable about drug policies and recognize how they are tied to gender relations. In addition, the agencies responsible for designing and implementing drug use prevention programs—and crime pre- vention—should understand the relationship between gender violence, drug trafficking, and the use of psychoactive substances.

• Earmark the funds from assets seized from persons convicted of drug traffick- ing offenses to finance programs aimed at preventing the involvement of wom- en in trafficking networks, in particular in situations where there is a high risk of recruitment into such activities. Part of the seized assets should be chan- neled to civil society organizations operating in high-risk areas to finance so- cial projects such as schools, small and medium sized enterprises, community activities, etc.

Innovative Approaches.In Uruguay seized assets are channeled towards financing and implementing poli- cies for prevention, treatment, and social integration. Under the umbrella of social integration are edu- cational reinsertion; labor insertion in coordination with private companies, government agencies, and civil society; and an array of projects in the areas of sports, art, culture, and job training, among others.

2. Social Integration Approach for Women Incarcerated

for Drug Offenses

For people deprived of their liberty, the prison system produces loss and rupture in ev- ery sphere of life. Incarceration prevents women from making their own decisions, does not prepare those incarcerated for returning to their families and communities, and does not provide the training or support needed for getting a job in dignified conditions so as to be able to resume the role of caregivers. Prison training programs generally reinforce women’s traditional gender roles, so if they do find work upon leaving prison, it is often in jobs with low social recognition and insufficient economic remuneration. In addition, the stigma against women involved in drug offenses makes it more difficult for them to get a decent job and avoid returning to criminal activity. This discrimination, plus having a criminal record, become the main obstacles to employment, which in turn worsens the conditions of risk and vulnerability.

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P a r t I I . P r o p o s e d R e c o m m e n d a t i o n s prison and life post-incarceration; and (iii) labor reinsertion with a criminal record. The following recommendations address these three components:

(i) Education and training programs for women in prison:

• Design integral and interagency public policies that take into account the factors that have led women to become involved in drug offenses; that are in line with their skills and abilities, their time behind bars, and the requirements of the job market; and are not based on gender stereotypes.

• Offer programs that incorporate incentives for studying, job training, or work in pris- on. These activities should make it possible to reduce the duration of incarceration and contribute to effectively finding a job that, as noted above, does not reinforce traditional gender stereotypes.

• Ensure that State institutions offer an adequate response to the persons who need it by promoting networks for inter-institutional referral, with clear protocols and with specific follow-up; in other words, a “specialized” route so that those who need assis- tance get expedited attention.

(ii) Transition from life in prison to life post-incarceration:

• Gradually de-institutionalize women by offering restricted leave in order to help them adjust to life upon release from prison. In cases where there is a legal requirement that one have a job to be granted restricted leave, unremunerated work should be consid- ered to satisfy the requirement.

• Ensure that women have the opportunity to speak regularly with their family mem- bers, receive medical and therapeutic attention, educational support, and socio-edu- cational care, and are able to participate in voluntary or paid work programs outside the prison walls so they can practice building a routine to ease their transition into everyday life once they regain their freedom.

• Promote homes, temporary centers, or halfway houses for such women and their chil- dren once they get out of prison.

(iii) Labor reinsertion with a criminal record:

• Promote networks for inter-institutional referral with the collaboration of the busi- ness and private sectors that facilitate the restoration of rights and social insertion for women who have been in prison.

• Reduce the barriers to social re-integration, limiting restrictions on hiring people with criminal records by private employers and the government:

– Asking job applicants to disclose their criminal record should only be allowed if a prior conviction would have a direct impact on their ability to meet the require- ments of the job. These questions may only be asked in the final part of the selec- tion process.

– If a person is rejected on the grounds of their criminal record, a clear explanation should be given as to why that record affects their ability to carry out the tasks of the job. The applicant should have the opportunity to appeal to an independent party, such as the Office of the Human Rights Ombudsperson or a government oversight body.

– A competent entity should evaluate the current policies and common practices for determining whether the guidelines about criminal records have a differential ef- fect among different ethnic groups and genders.

Recommendations related to criminal records can be difficult to implement. At least one government agency should have the responsibility and infrastructure to process complaints and audit compliance. The possibility of filing legal action based on a viola- tion of the decree can also be an effective means of compelling compliance.

Innovative Approaches.In Costa Rica, with the leadership of the Public Defender’s Office and the National Institute of Women, a network for inter-institutional referral was established with the participation of public institutions for women in the criminal justice system (both women serving non-custodial sen- tences and women in prison), so as to address their needs and the needs of their family members and dependents, both during incarceration and at the moment of release.

Innovative Approaches. Another example is the “Ban the Box” strategy in the United States, where activists have made gains facilitating the transition from prison to freedom. In the last 15 years, more than 100 ju- risdictions—cities, counties, and states—in the United States have changed their laws to limit questions about criminal background as part of the process of interviewing job applicants. These initiatives have used the slogans “Ban the Box,” which refers to the box asking about past convictions in job application forms, and “Fair Chance.”

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P a r t I I . P r o p o s e d R e c o m m e n d a t i o n s