Within the institutional framework of the activities carried out by the Cooperation Program between Latin America, the Caribbean and the European Union on Drug Policy (COPOLAD III), the Inter-American Association of Public Defender’s Offices (AIDEF) presents to the public defender’s office community these (COPOLAD III), the Inter-American Association of Public Defender’s Offices (AIDEF) presents to the public defender’s office community these “Recommendations and practices for the gender-sensitive defense of women criminalized for minor drug offenses.
The document has been developed through the technical assistance provided by Tirant Lo Blanch SL (Tirant eGob). The development of this work has been possible thanks to the leadership exercised by the COPOLAD III Program and the Inter-American Association of Public Defender’s Offices (AIDEF), and arises from the interest in preparing a document that serves as a basis for the design and implementation of public defender strategies and implementation of defense strategies in criminal matters with a gender perspective, considering the special situation in which women are immersed due to the dynamics generated by drugs in society. Poverty, migrant status and sexual diversity are triggers of stigmatization and discrimination. Women are recruited as the weakest link in the drug trafficking chain and, consequently, are criminalized because of their marginal positions in this chain.
Considering the criminal competition between human trafficking and drug trafficking, the public defender community cannot and should not ignore the fact that the harsh and massive convictions of women for minor drug offenses represent a violation of human rights.
The tools and practices advised here are, as has been said, a basis on which advocates can stand to order their work strategy. This document does not contain any imperative requirements, but rather aims to provide a minimum floor and a theoretical framework from which defenders, using their academic and professional training, can develop an effective technical defense that strengthens the adversarial debate in judicial proceedings and promotes and protects the human rights that must prevail in the rule of law.
Finally, considering the international and multicultural character of the AIDEF and recognizing the different regulatory and judicial scenarios in which these tools may be applicable, the material presented here requires an indispensable process of adjustment to local norms, practices and interpretations.
-document in Spanish only-
