CPT: 10TH GENERAL REPORT
15
One particularly problematic issue in this
context is whether - and, if so, for how long - it should
be possible for babies and young children to remain in
prison with their mothers. This is a difficult question
to answer given that, on the one hand, prisons clearly
do not provide an appropriate environment for babies
and young children while, on the other hand, the
forcible separation of mothers and infants is highly
undesirable.
31.
The specific hygiene needs of women should
be addressed in an adequate manner. Ready access to
sanitary and washing facilities, safe disposal
arrangements for blood-stained articles, as well as
provision of hygiene items, such as sanitary towels and
tampons, are of particular importance.
29.
In the view of the CPT, the governing
principle in all cases must be the welfare of the child.
This implies in particular that any ante and post natal
care provided in custody should be equivalent to that
available in the outside community. Where babies and
young children are held in custodial settings, their
treatment should be supervised by specialists in social
work and child development. The goal should be to
produce a child-centred environment, free from the
visible trappings of incarceration, such as uniforms and
jangling keys.
32.
It is also essential that the health care
provided to persons deprived of their liberty be of a
standard equivalent to that enjoyed by patients in the
outside community.
Arrangements should also be made to ensure
that the movement and cognitive skills of babies held
in prison develop normally. In particular, they should
have adequate play and exercise facilities within the
prison and, wherever possible, the opportunity to leave
the establishment and experience ordinary life outside
its walls.
Moreover, to the extent that preventive health
care measures of particular relevance to women, such
as screening for breast and cervical cancer, are
available in the outside community, they should also be
offered to women deprived of their liberty.
Facilitating child-minding by family members
outside the establishment can also help to ensure that
the burden of child-rearing is shared (for example, by
the child’s father). Where this is not possible,
consideration should be given to providing access to
creche-type facilities. Such arrangements can enable
women prisoners to participate in work and other
activities inside the prison to a greater extent than
might otherwise be possible.
Hygiene and health issues
30.
The Committee also wishes to call attention to
a number of hygiene and health issues in respect of
which the needs of women deprived of their liberty
differ significantly from those of men.
The failure to provide such basic necessities
can amount, in itself, to degrading treatment.
Insofar as women deprived of their liberty are
concerned, ensuring that this principle of equivalence
of care is respected will require that health care is
provided by medical practitioners and nurses who have
specific training in women's health issues, including in
gynaecology.
Equivalence of care also requires that a
woman's right to bodily integrity should be respected in
places of detention as in the outside community. Thus,
where the so-called "morning after" pill and/or other
forms of abortion at later stages of a pregnancy are
available to women who are free, they should be
available under the same conditions to women
deprived of their liberty.
33.
As a matter of principle, prisoners who have
begun a course of treatment before being incarcerated
should be able to continue it once detained. In this
context, efforts should be made to ensure that adequate
supplies of specialist medication required by women
are available in places of detention.
As
regards,
more
particularly,
the
contraceptive pill, it should be recalled that this
medication may be prescribed for medical reasons
other than preventing conception (e.g. to alleviate
painful menstruation). The fact that a woman's
incarceration may - in itself - greatly diminish the
likelihood of conception while detained is not a
sufficient reason to withhold such medication.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents