CPT: 10TH GENERAL REPORT
13
WOMEN DEPRIVED OF THEIR LIBERTY
Preliminary remarks
21.
In certain of its previous general reports, the
CPT has set out the criteria which guide its work in a
variety of places of detention, including police stations,
prisons, holding centres for immigration detainees,
psychiatric establishments and detention centres for
juveniles.3
Naturally, the Committee applies the abovementioned criteria in respect of both women and men
who are deprived of their liberty. However, in all
Council of Europe member States, women inmates
represent a comparatively small minority of persons
deprived of their liberty. This can render it very costly
for States to make separate provision for women in
custody, with the result that they are often held at a
small number of locations (on occasion, far from their
homes and those of any dependent children), in
premises which were originally designed for (and may
be shared by) male detainees. In these circumstances,
particular care is required to ensure that women
deprived of their liberty are held in a safe and decent
custodial environment.
In order to highlight the importance which it
attaches to the prevention of ill-treatment of women
deprived of their liberty, the CPT has chosen to devote
this chapter of its 10th General Report to describing
some of the specific issues which it pursues in this
area. The Committee hopes in this way to give a clear
indication to national authorities of its views regarding
the manner in which women deprived of their liberty
ought to be treated. As in previous years, the CPT
would welcome comments on this substantive
section of its General Report.
3
Police custody and imprisonment, cf. the 2nd
General Report (CPT/Inf (92) 3), paragraphs
35 to 60;
Health care services in prisons, cf. the 3rd
General Report (CPT/Inf (93) 12), paragraphs
30 to 77;
Foreign nationals detained under aliens
legislation, cf. the 7th General Report
(CPT/Inf (97) 10), paragraphs 24 to 36;
Involuntary
placement
in
psychiatric
establishments, cf. the 8th General Report
(CPT/Inf (98) 12), paragraphs 25 to 55;
Juveniles deprived of their liberty, cf. the 9th
General Report (CPT/Inf (99) 12), paragraphs
20 to 41.
22.
It should be stressed at the outset that the
CPT's concerns about the issues identified in this
chapter apply irrespective of the nature of the place of
detention. Nevertheless, in the CPT’s experience, risks
to the physical and/or psychological integrity of
women deprived of their liberty may be greater during
the period immediately following apprehension.
Consequently, particular attention should be paid to
ensuring that the criteria enunciated in the following
sections are respected during that phase.
The Committee also wishes to emphasise that
any standards which it may be developing in this area
should be seen as being complementary to those set out
in other international instruments, including the
European Convention on Human Rights, the United
Nations Convention on the Rights of the Child, the
United Nations Convention on the Elimination of All
Forms of Discrimination Against Women and the
United Nations Body of Principles for the Protection of
All Persons Under Any Form of Detention or
Imprisonment.
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