On March 8, 2023, Colombia passed the Public Utility Law, marking a significant milestone in the country's criminal justice system. Heralded as the first criminal policy with a gender focus in Colombia, it stands as a model for Latin America. The law aims to facilitate job training in prisons and ensure that women who benefit can reintegrate into the labor market. As of February 28, 2025, 133 women have been released under this innovative legislation.
The law requires women to meet specific criteria to access its benefits. They must be female heads of households, have sentences of less than eight years or for crimes related to theft or narcotics, and have committed these offenses under conditions of marginality. One such beneficiary is Patricia Cortes, who was sentenced to six years and five months in prison for conspiracy to commit a crime, drug trafficking, manufacturing, or possession of narcotics. On September 17, 2024, she was granted freedom under this law.
A Pathway Out of Poverty
The Public Utility Law aims to divert women from the penal system, breaking cycles of poverty that often ensnare them. Between 2,000 and 3,000 individuals are estimated to meet the requirements to benefit from this legislation. Despite initial hurdles in implementation, organizations like Mujeres Libres work diligently to socialize the regulation in prisons and with judicial branch officials.
“The State spends large sums pursuing women and keeping them in prison, but it does not affect the operation of drug markets in the slightest.” – Pereira
This law focuses on women deprived of their liberty, making it a landmark in terms of gender-specific policies. However, its implementation has been slow, leaving many women facing substantial challenges in societal reintegration. Claudia Cardona, director of Mujeres Libres, notes that even when women overcome these obstacles, they find an absence of public policy support upon leaving prison.
Patricia Cortes's experience illustrates these challenges. Though trained as a nursing assistant, she only received offers for day jobs as a security guard, driver, informal seller, and domestic worker.
Personal Stories of Struggle and Hope
Cortes's story reflects the harsh realities faced by many beneficiaries of the Public Utility Law. At the time of her arrest, her family faced dire economic conditions.
“We are necessity-driven; we are eight siblings, five are minors. My dad is homeless. My mom worked in the central park of Fusagasuga selling corn, bubbles, ice cream, but what she earned was not enough for the household.” – Cortes
Her involvement in illegal activities was a result of dire necessity rather than choice.
“My mom sold drugs, and I accompanied her. I foolishly got caught; we were accused of being leaders of a gang.” – Cortes
Cortes's son was born just four days after she entered prison. Thanks to provisions within the law, she could care for him during her sentence. This unique focus on family unity underscores the law's progressive nature.
“I know that next year my son will be with me every day, so I won’t break down.” – Cortes
Despite her struggles, Cortes remains optimistic and determined to change her future.
“I’m going to focus on completing my sentence (…) I want to enroll in university, study law, and help women in prison. I also see myself playing professional indoor soccer.” – Cortes
Challenges in Reintegration
While the Public Utility Law represents a significant leap forward in gender-focused criminal policy, reintegration into society remains fraught with difficulty for many women. The absence of a robust public policy for post-prison life complicates their return to normalcy.
Claudia Cardona from Mujeres Libres emphasizes that without comprehensive support systems, these women may find themselves returning to the circumstances that led them into conflict with the law initially. The journey from prison to societal reintegration is challenging, demanding more than mere legislation; it requires substantial societal and governmental support.
The primary goal of this law is not only to release women from prison but also to equip them with skills and opportunities that prevent re-offending and enable them to contribute positively to society.
