5. CONTACT WITH THE OUTSIDE WORLD
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In order for women prisoners to have the same right to conjugal visits as men, conjugal
facilities must also be made available in women’s facilities.
60
Some prison administrations deny women conjugal visits because they are concerned about
pregnancies. Such policies constitute discriminatory treatment Also, the consequences of
limiting conjugal visits for women prisoners on these grounds may be permanent in that it
may de facto deprive women of having children altogether. Moreover, such limitation deny
the right to family and private life not only to the female prisoner, but also to her partner.298
61
The right to conjugal visits should apply equally to all relationships regardless of legal status.299
62
Authorities should provide prisoners with information on sexual health, safe sex
and contraception.
63
Conjugal visits should take place in private and facilities should be equipped with sanitary
facilities and a bed.300 Measures should be in place to protect the visiting spouse or partner
from humiliation by other prisoners, for example when passing through the prison facility, and
to protect the prisoner, in particular in situations where the prisoner’s sexuality is not known to
others. Measures to ensure safety and dignity, including the potential of abusive relationships,
should also be applied regardless of the sex, sexual orientation and gender identity of the
prisoner and visitor.
Pregnant women, parents and the children of prisoners
Recognizing the importance of the relationship between mother and child, Rule 26 of the
Bangkok Rules require that “[w]omen prisoners’ contact with their families, including their
children, and their children’s guardians and legal representatives shall be encouraged
and facilitated by all reasonable means. Where possible, measures shall be taken to
counterbalance disadvantages faced by women detained in institutions located far from their
homes”.301 This could include, for example, longer, more flexible visiting hours.
65
The preliminary observations of the Bangkok Rules note that some of the rules apply equally
to male prisoners and offenders who are fathers.302 The special relationship between father
and child, or male care-giver for a child, should also, therefore, be taken into consideration
when facilitating family contact. The CRC reiterates the “right of the child who is separated
from one or both parents to maintain personal relations and direct contact with both parents
on a regular basis, except if it is contrary to the child’s best interests”.303
66
The meaning of “children” should be applied broadly to cover all children for whom the
prisoner is a primary care-giver. This could include non-biological children and those who
are otherwise dependent on the detained person. There should be no requirement to prove
a biological or legal relationship between child and prisoner unless there are concerns about
the relationship between the prisoner and the child, or for the safety of the child.
67
It may be particularly important for pregnant women to maintain close contact with their family
members, not only for support during their pregnancy, but also so that they can properly
consider childcare arrangements once their child is born and so that they can organize birth
registration with local authorities. Home visits should also be considered for women living in
prison with their children.
68
Where children are detained in prison with their parent, it is important that they have physical
contact with their siblings. In these situations, prison authorities should make extra efforts
to allow extended contact visits in a suitable environment.
5
64
298. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 49.
299. The ECtHR has interpreted the right to private and family life as not confined to legally acknowledged relationships. See for example: Keegan
v. Ireland, 26 May 1994, Series A no. 290, pp. 17-18, para. 44; Kroon and others v. The Netherlands, Application no. 18535/91, Judgment of 27
October 1994, para. 30; Mikulicv. Croatia, Application no. 53176/99, 7 February 2002, para. 51.
300. Technical Guidance for Prison Planning, UNOPS, op. cit., note 84, p. 126; see also: Guidance Document on the UN Bangkok Rules, Penal Reform
International, 2013, Rule 27, p. 74: “Prison authorities should establish accommodation suitable for conjugal visits in women’s prisons, with a bed,
bedding, sanitary facilities, table and chairs, and a pleasant, non-institutional environment, where women can spend time with their spouses
or partners in private”.
301. The Bangkok Rules, op. cit. note 28, Rule 26.
302. The Bangkok Rules, op. cit., note 28, para. 12.
303. Convention on the Rights of the Child, UNGA, op. cit., note 140, article 9 (3).
Guidance document on the Nelson Mandela Rules
127
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