Pregnant Women Cannot Be
Jailed For Failure To
Pay Support
The Sala IV or
Constitutional Court has
ruled that women who are
required to pay
'support' cannot use
pregnancy as an excuse
to evade their
commitment.
The court ruled that
pregnant women much
comply with any
'support' order.
The only action that
authorities cannot
exercise, the court
rules, is that a
pregnant woman and up to
12 months after given
birth, cannot be
detained and jailed for
not complying with a
support order.
The decision was handed
down after an habeas
corpus action was filed
by a woman identified as
Castillo Fonseca who
argued before the
constitutional court
that the Juzgado
Contravencional del
Segundo Circuito
Judicial de la Zona
Atlántica violated her
rights of freedom given
her condition.
The Constitional court
was clear that, altough
the woman was still
responsible to pay
support, a pregnant
woman cannot be jailed
or denied her freedom
while pregnant or during
a period of lactation.
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