Esta ley prohíbe la discriminación contra las madres lactantes en lugares públicos y privados, garantizando su derecho a amamantar. Establece que amamantar no constituye un acto indecente u obsceno y fija multas para quienes infrinjan esta disposición, además de permitir acciones civiles por daños.
(Approved April 23, 2004)
To prohibit discrimination against breastfeeding mothers; to guarantee the right to breastfeed; to establish that breastfeeding is not a violation to the law; establish penalties; and for other purposes.
The Commonwealth of Puerto Rico through the Department of Health has established the promotion of breastfeeding as its public policy. It recognizes its importance for health and the prevention of diseases and as an effective and cost-efficient strategy to achieve and maintain good health conditions. As a matter of fact, nourishment is a fundamental part of the right to life, being the principal civil and human right recognized in all democratic constitutions and in the Bill of Rights of the United Nations.
The primary benefit of human milk is nutritional. It contains the exact amount of fatty acids, lactose, water, and amino acids necessary for human digestion, brain development, and growth. More than two decades of research have established that breast milk is perfectly suited to nourish infants, since it transmits antibodies to protect them from diseases, in addition to fostering the development of the immune system. Breastfed infants have lower rates of hospital admissions, and diseases such as ear infections, diarrhea, allergies, and other medical problems than formula-fed infants. Furthermore, it is easy to digest, provides better nutrition and a
better psychological bonding which propitiates a healthy development in our children.
According to La Leche League International, global authority on breastfeeding, "human milk is the best option to feed children." Human milk is a live and changing liquid that adapts to the needs of the child, that is developing. There is no way to replace human milk. It contains, at least, one hundred (100) ingredients not found in formula. Based on broad research, the American Academy of Pediatrics (AAP) unequivocally states that human milk is extraordinarily superior as infant food and it is specifically made for our specie; all food substitutes notably differ from it."
The United Nations Children's Fund (UNICEF) has stated that if every child were exclusively breastfed after birth, an estimated 1.5 million lives would be saved each year.
With this information, the return of breastfeeding by the young generation of mothers has once again brought this experience to the limelight, which has caused different reactions. Even law enforcement officers have reached the point of requiring mothers not to breastfeed in public areas. Some managers or persons in charge of commercial establishments open to the general public have assumed adverse positions toward breastfeeding, which has been translated into difficulties for the exercise of this right, by the inappropriate intervention with breastfeeding mothers upon requiring them to breastfeed in restrooms, a place totally unsuitable for this activity.
Breastfeeding is an activity, inherent to the physiological process of every woman in reproductive age that may be performed if they receive education, promotion, assistance, and support. At the same time, it promotes the establishment and development of an intimate bond between mother-
child, which positively impacts the health of the family and therefore that of society.
Therefore, it is hereby clearly and definitely stated that the exercise of the right to breastfeed in public shall not be considered an indecent exposure or obscene act under any circumstances, but rather a natural act and right.
Therefore, in accordance with the public policy of the World Health Organization (WHO), the United Nations Children's Fund (UNICEF) and the Surgeon General of the United States; the Commonwealth of Puerto Rico in its search for benefiting the health of our children and the members of the family nucleus, recognizes the importance of enabling, and promoting breastfeeding.
A. Public Policy (1) It is hereby confirmed as the public policy of the Commonwealth of Puerto Rico, through the Department of Health, and in accordance with the public policies established by the Department of Health and Human Services of the United States; the World Health Organization and the United Nations Children's Fund (UNICEF), the importance of increasing the breastfeeding practice. The Surgeon General of the United States recommends that newborn children until the age of one (1) year be breastfed, except if it has been medically contraindicated, to propitiate that children achieve an optimal health condition from the time of their birth.
(2) It has been shown that breast milk provides a better nutrition and higher immunity against diseases, is better to digest, and may increase the children's IQ. Some sectors of society are against the promotion of breastfeeding. Likewise, the demands of modern life force new mothers who have a busy work schedule to choose formula or artificial milk to feed their babies. On occasions, some mothers are ashamed and even fear social repudiation or criminal accusation if they breastfeed their children in public. (3) It is hereby declared that the promotion of family values and the health of infants demands that our society put a stop to the vicious cycles of shame and ignorance of men and women regarding breastfeeding, and in the genuine interest of promoting family values, our society shall encourage public acceptance of the most basic natural act between a mother and her child. This Legislature rejects that any mother should feel discriminated for breastfeeding her child. B. The Right to Breastfeed:
Notwithstanding any contrary precept of law, a mother may breastfeed her child in any public or private recreational place. C. Breastfeeding, prohibition of discriminatory practices:
Any direct or indirect act of exclusion, alienation, restriction, segregation, limitation, rejection, or any other act or practice of differentiation, including denying a person the total enjoyment of goods, services, facilities, privileges, advantages, and accommodations in any public or private place which she attends, whether it is visited by the public or used for recreation, based on
the fact that a mother is breastfeeding her child, shall constitute a discriminatory practice prohibited by this Act. D. Breastfeeding is not a violation to the law:
A mother breastfeeding her child in any place, whether public or private, in where the mother is otherwise authorized to be, shall not be deemed as indecent exposure, obscene act or other punishable action established in similar articles that comprise these conducts in Act No. 115 of July 22, 1974, as amended, known as the Penal Code of Puerto Rico, or other legal precept of penal or civil nature.
Any person who incurs in discriminatory practices against a woman due to the fact she is breastfeeding her child in any of the places specified by this Act, or who prohibits, prevents or otherwise limits or inhibits a woman from breastfeeding her child in such places, shall incur in misdemeanor and upon conviction shall be subject to a fine of not less than five hundred (500) dollars nor more than one thousand $(1,000)$ dollars at the discretion of the judge of the Court of First Instance or of the General Court of Justice of the Commonwealth of Puerto Rico.
Furthermore, a cause for civil action for damages is hereby established against any natural or juridical person who interferes with the exercise of the rights recognized by this Act.
Form and procedure to file a complaint and summons. The law enforcement officer who intervenes in any act in violation of this Act shall follow the following procedure:
In the case of a conflict between any of the provisions of this Act and those of any other Act, the provision most favorable for the breastfeeding mother shall prevail.
Section 5.- EFFECTIVENESS This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 95 (H.B. 1461) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to prohibit discrimination against breastfeeding mothers; to guarantee the right to breastfeed; to establish that breastfeeding is not a violation to the law; establish penalties; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $2^{ ext {nd }}$ of November of 2006.
Francisco J. Domenech Director