theme for 2015: female deprivation of liberty
50
The Parliamentary Ombudsmen
states that the Prison and Probation Service need to focus efforts
to ensure that a satisfactory level
of control and security is achieved
in each individual case.
prison’s decision on control measures, appeared to be based on standardised assessment regarding the inmate’s security level. During the assessment,
consideration for the inmates’ current state and integrity was neglected. In the
opinion of the Parliamentary Ombudsmen, a correct scrutiny would probably
not have led to the assessment that it would be proportionate to use handcuffs
and waist shackles on a woman with ongoing labour pains being transferred
to a maternity ward to give birth. As stated by the Parliamentary Ombudsmen, the same applied to the presence of several prison wardens during childbirth.8
The Prison and Probation Service has emphasised that the prison has changed its procedures following the OPCAT unit’s inspection. Now an account is
taken of whether the inmate is pregnant and at what stage her pregnancy is.
The Parliamentary Ombudsmen states that the Prison and Probation Service
need to focus efforts to ensure that a satisfactory level of control and security is achieved, in each individual case, without the inmate being subject to
measures perceived as degrading and not proportionate on the basis of the
individual’s condition during, for example, medical care and treatment, when
being moved to healthcare facilities or during toilet visits. In order to follow
up on security arrangements and results in adjustments to the security assessment, such as the use of shackles, this must be put on record.
Conclusions
As far as can be judged, much
work remains to be done – particularly regarding the issue of
creating suitable environments for
inmates with children – before the
authority will have made all the
changes necessary in order to be
able to offer equivalent correctional treatment for men and women
in the future.
The thematic focus has illustrated that the Prison and Probation Service has
not succeeded in offering equivalent correctional treatment for men and
women. The inspections in 2015 and subsequent enquiries make it clear that
women, in several respects, are treated unjust by the existing regulations, and
are limited in physical environments and enforcement conditions. The Prison
and Probation Service has commenced with some changes in their work
and the authority has been made aware of some problems that, among other
things, a lack of resources in relation to women inmates gives rise to. As far
as can be judged, much work remains to be done – particularly with regard to
the question of creating suitable environments for inmates with children – before the authority will have made all the changes necessary in order to be able
to offer equivalent correctional treatment for men and women in the future.
There are therefore grounds for the Parliamentary Ombudsmen to continue
to monitor the issues and, within the not too distant future, perform a followup of the results of the changes that the authority now has commenced.
8 JO 2017/18 p. 131, Ref. no. 1088-2016.
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