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Brazil: New Law Prohibits the Use of Handcuffs on Pregnant Inmates During Labor

(Apr. 24, 2017) On April 12, 2017, three laws related to the treatment of women during childbirth and its aftermath were adopted in Brazil. Law No. 13.434 amends article 292 of the Code of Criminal Procedure to prohibit the use of handcuffs on pregnant women inmates during medical and hospital preparatory procedures for delivery and during labor  or on such women during the immediate postpartum period. (Lei No. 13.434, de 12 de Abril de 2017, PLANALTO; Código De Processo Penal, Decreto-Lei No. 3.689, de 3 de Outubro de 1941, PLANALTO.)  The Law entered into force on April 13, 2017, the date of its publication. (Lei No. 13.434, art. 2.)

Law No. 13,435 establishes August as the national breastfeeding month, with the purpose of educating the public and bringing awareness of the importance of breastfeeding. (Lei No. 13.435, de 12 de Abril de 2017, PLANALTO. )

The third new law amends the Child and Adolescent Statute to guarantee mothers of newborns the right to follow-up consultation and orientation from medical professionals related to breastfeeding. (Lei No. 13,436, de 12 de Abril de 2017, PLANALTO; Estatuto da Criança e do Adolescente, Lei No. 8,069, de 13 de julho 1990 (as amended), PLANALTO.)