Imprisoned minors
Access to healthcare
Allowing men and
women to mix in
prisons and do joint
activities
Penal
institutions
Treatment of
women
Allowing men and
women to mix in
prisons and do joint
activities
The particular situation regarding female minors must be carefully considered, and
equal treatment to boys ensured. In this respect, the CGLPL underlines the fact that
imprisoning young girls in wings for adult women is illegal. They must be able to
benefit from care arrangements within structures specially designed for minors.
To the extent possible and according to the institution's layout, girls detained in prisons
other than prisons for minors (EPM) must be imprisoned in "minor" wings in the same
way as boys. On the other hand, their lodgings must abide by the single-sex principle,
akin to what is intended in theory for juvenile detention centres and prisons for minors.
The CGLPL underscores the fact that female prisoners must be able to access
gynaecological care under the conditions set out in Article 46 of the Prison Act of 24
November 2009: "the quality and continuity of healthcare are guaranteed to prisoners
in conditions that are equivalent to those that the rest of the population benefits from".
Accordingly, the CGLPL stresses the need for strict compliance with the provisions
set out in Article 52 of the Prison Act, which stipulate "Any delivery or gynaecological
examination must be performed without restraints and without the presence of the
prison staff, in order to guarantee the right to respect of the dignity of detained
women".
In light of the observations made, it would appear that the rule whereby women must
not come across male prisoners or male warders – with the exception of supervisors is likely to undermine the equality of treatment to which they are entitled in terms of
access to work, activities and health.
The CGLPL recommends authorising men and women to cross paths during their
movements within prisons – under careful surveillance – so as to foster equal access
for prisoners to communal areas. It therefore recommends that surveillance of women
by male staff members be possible.
The CGLPL recommends phasing in joint activities for men and women within
prisons, in conjunction with the provision of clear, systematic information on the
mixed nature of the activities on offer and with efforts to obtain participants' consent.
It suggests deleting the words "on an exceptional basis" from Article 28 of the Prison
Act and rephrasing it as follows "subject to maintaining order and safety within
institutions, activities may be organised for both sexes to participate in".
As part of its deliberations on allowing men and women to mix in prisons, the CGLPL
took a particular interest in a trial of a workshop on a single male-female concession,
the objective of which was to allow equal treatment between men and women. It found
that the male-female workshop achieved its aims: providing permanent, sufficient
work and a return to normalcy. The investment of the management and supervisors in
the workshop's implementation was highlighted. Finally, the Chief Inspector
recommended that the trial be continued and expanded, that the projects in the pipeline
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