This work addresses the emotional dimension of social justice and views detainees as objects of public emotion. It focuses on the interconnections between the regulation of motherhood, prison affective economies, and the paradoxical place of detained women in the construction of the nation. The analysis is based on legal narratives about motherhood and the everyday interactions between detainees (mostly migrants) and prison guards who regulate the circulation of goods and emotions within the prison. The legislation divides motherhood into two affective economies: until their children are four years old, these women are exclusively considered biological reproducers of the nation, and motherhood is defined as a biological exchange. When the child reaches four, these women begin to embody the fear of moral contamination, as unwelcome agents of cultural transmission to future generations. The consequence is the transfer of their children out of prison. These affective economies of motherhood also regulate exchanges with guards, access to goods and visits, shape technologies of punishment, and influence the available modes of agency and social transformation.

Introduction

The growing criminalization of drug-related offenses has produced, among other effects, an increase in the number of incarcerated women at the regional level, as they occupy less hierarchical roles in international trafficking networks. The characteristics of the activity mean that a large portion of these incarcerations take place outside their countries of origin, increasing the prison population of migrant women. Cohabitation programs allow the children of these women to live with them in prison until they are four years old. After reaching the prescribed age, legislation considers that for the well-being of these children, they must be released from the prison environment.

This article addresses these questions by analyzing the affects that these conceptions and practices promote or restrict. We understand affections as something public, as ways of constructing social identities, and seek to emphasize the role of collective emotions in drawing boundaries and power relations between "us" and "them." From this perspective, we will examine cohabitation programs in federal prisons, their legal narratives, and the everyday interactions between detainees (mostly migrants) and prison guards who regulate the circulation of goods and affections within the prison. To this end, we first develop the reasons for and consequences of the increase in the incarceration of women. We then examine the affective economies that regulate motherhood, both biologically and morally, and present their implications for their daily practice. Finally, we focus on their material consequences for the children who live with them in prison.

Children of the prison system

The prison system is not designed for women; it's designed by men for men, and therefore gender issues are forgotten. And it's not made for the children of women deprived of their liberty either." Throughout the history of the prison system around the world, we have experienced the unfortunate situation of children who are incarcerated with their mothers, despite budgetary shortages in prisons.

That said, we must consider that one of the factors that undoubtedly affects women deprived of their liberty the most is the separation from their families, especially their sons or daughters, who are generally left in the care of third parties or taken to institutions charged with caring for them or given up for adoption, which leads to emotional disconnection.

The importance of the mother-son bond within the prison system has a highly relevant connotation for women, since, within this context, they experience constant hostility, since maintaining a close relationship with their sons or daughters is a fundamental element that helps them cope with confinement.

For this reason, separation must be gradual, sensitive, and progressive. There must also be psychological support and a personalized evaluation of the minor, always seeking what is best for her or him.

In order to address the situation of mothers and children in prison, I consider it important that the actions taken by the Executive Branch at the Federal and Local levels be carried out with the sole objective of allocating funding for this specific issue, based on results that substantially improve the lives of these minors.

Similarly, the judiciary, through rulings, can stipulate the protection of the best interests of children in any decision involving it, in order to lobby for necessary legal reforms and the application of regulations in a manner that is more reasonable and sensitive to the particular cases of each child born and living in a prison with their mother.

Despite the current legal protection framework, several countries lack sufficient material or budgetary allocations for the protection and safeguards of children accompanying their mothers, as they are not considered priority care.

The Penitentiary System must guarantee the fundamental rights of persons deprived of their liberty, care for children living in prisons, and provide appropriate conditions for them to live healthily with their incarcerated mothers.

Likewise, it is necessary to emphasize that the deprivation of liberty of women with children not only impacts them, but also extends to the children themselves, especially minors. So much so that the coexistence of children with their mothers in prison is a right recognized internationally, as established in the UN Standard Minimum Rules for the Treatment of Offenders, which establishes the mandatory provision of care before and after childbirth for inmates, as well as the provision of nurseries for children born during the mother's confinement and for those living with them in prison.

Therefore, it is necessary that the authorities responsible for the prosecution and administration of justice, as well as the execution of sentences, be aware of the provisions of these Rules so that they can be fully applied and prevent situations that violate the human rights of persons deprived of liberty and their children.

The stigma that the children of women prisoners suffer comes from both family members and the staff who care for them in institutions. In the case of the former, it is understood that they assume responsibility as an additional burden to their own, since the inmates are hardly able to contribute a significant amount for the support of their children. In some cases, the older children are responsible for the younger siblings.

A Current Problem

Various situations faced by women deprived of their liberty in penitentiary centers include: lack of infrastructure exclusively for women, overcrowding, prostitution, lack of separation of spaces between men and women, irregular detention of minors and lack of protection of their rights to education and health, lack of adequate medical services, drug and alcohol use, lack of guarantee of social reintegration, etc.

She explains that these problems also affect how women are conceived in the law, how the criminal process is carried out, how justice is applied in judges' sentences, and how the reintegration of men and women is viewed.

"The profoundly gendered nature of society is reflected in the laws and in the way judges administer justice; gender discrimination is often not explicit in legal provisions, but rather must be compared with practices and recognized as being protected."

An example of this gendered nature is the social reintegration of women, as these centers only offer workshops in macramé, embroidery, and sewing. "These activities have been undervalued, reproduce gender inequalities, and have nothing to do with activities that truly allow for economic emancipation."

Regarding the existence of mixed-gender penitentiary centers, the researcher explains that the prisons are designed more for men, who are seen as lawbreakers and monopolizers of violence. However, there is talk of separating men and women to serve their sentences, which has not occurred, and even though they are separated by cyclone fence, there is a relationship.

Motherhood and Breastfeeding in Prison: Are Human Rights Being Respected?

Incarcerated Women and Mothers, a Triple Sentence

But there are even more reasons that reaffirm that men and women have traditionally been punished differently, as the intersectional lens allows us to understand. Women are also exposed to multiple punishments: personal punishment, due to distancing themselves from their families, thus failing to fulfill the traditionally assigned role of caregiver; social punishment, due to having violated the norms collectively expected of women; and punishment related to the crime itself, resulting in harsher conditions than men while serving their sentences. In the case of women who are incarcerated with their children, this inequality can be exacerbated.

Motherhood is a particularly vulnerable stage in a woman's life. However, this is particularly aggravated in the case of incarcerated mothers, who are forced to go through many of the experiences inherent to this phase, with greater challenges due to the care and upbringing of a child while deprived of liberty.

One of these experiences is, without a doubt, breastfeeding. The WHO refers to it as "an unparalleled way of providing ideal nourishment for the healthy growth and development of infants; it is also an integral part of the reproductive process, with significant repercussions for the health of mothers." The United Nations Human Rights Council issued a statement in 2016 recognizing breastfeeding as a human right for babies and mothers that must be encouraged and protected.

Thus, the act of breastfeeding should be considered, in the fullest sense, as part of the fundamental human rights of mothers and children (including the right to food and health care), which should not be violated even in situations of incarceration.