Gender and SSR Toolkit
On 14 February 2002 high-ranking Corrections Department officials
escorted an Amnesty International delegation on a visit to Lard Yao
Women’s Prison, Nonthaburi Province, on the outskirts of Bangkok.
Corrections officials acknowledged problems of overcrowding and
the dangerously high prisoner to guard ratio. As is the case with most
prisons in the Kingdom, severe overcrowding is due to a very high
level of arrest and imprisonment of drug users and traffickers.69
Challenges and opportunities
for integrating gender:
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Discrimination against women is often widespread in
these countries and the penal system reflects this, as
regards treatment of both female prisoners and female
prison staff.
Addressing past violence and sexual abuse is likely to
be hampered by taboos about recognising the
existence of such problems, and therefore counselling
is unlikely to be available. Similarly, efforts to combat
sexual violence in prisons are likely to confront a
conspiracy of silence.
When working in very poor countries to improve the
prisons, it is necessary to find low cost solutions that
are sustainable and make sense from a local economic
point of view.
In poor countries, the prison system may be able to
benefit from the help of organisations – such as the
International Committee of the Red Cross or Medicins
Sans Frontières – in meeting the health and other
needs of detainees.
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It is wise to understand the role that imprisonment
plays in the system and the culture as well as the
issues that affect women and other groups in the wider
society before embarking on gender-responsive penal
reform.
Prison regimes for women in developing countries
need to take into account the likelihood of
abandonment and destitution on release from prison
and make efforts to provide women with an alternative
means of earning a living.
Getting children and juveniles out of adult prisons and
into more suitable surroundings can be achieved with
the involvement of outside organisations such as
UNICEF. Other UN agencies and NGOs might support
efforts to improve conditions in women’s prisons.
For example, in a visit to the Czech Republic in 2006, the
Committee reported on the case of a Ukrainian prisoner,
F, who was being held in a confinement cell for
‘destroying prison property’. He was ‘a slight man who
[was] gaunt and tremulous’. The delegation ‘formed the
view that F had been repeatedly raped and physically
abused while in Valdice Prison. Moreover, during his time
in Section E he had been subjected to forced anal and
oral intercourse with three different prisoners, and had
also been obliged to masturbate them’.70
Some developed countries are seeing a trend of high and
rapidly increasing use of imprisonment and particularly
rapid increases in the use of imprisonment for women. In
England and Wales the number of women in prison has
more than doubled over the past ten years.71 In the US,
between 2000 and 2006, the female incarcerated
population grew by 3.3 per cent a year whilst the male
incarcerated population grew by 2 per cent.72
Developed countries are more likely to have equal
opportunity employment policies that lead to mixed
staffing and, in some countries, women have reached the
top of the prison administration or have become directors
of large prisons holding only men. There are still,
however, problems of harassment against women staff
and sexual abuse of prisoners.
Challenges and opportunities for integrating gender:
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5.4 Developed countries
Just because countries are rich does not necessarily
mean that their prison systems are models of good
treatment, with no discrimination and conscientious
observance of human rights laws. In fact, the CPT, which
visits all places of detention in the 47 member states of
the Council of Europe, finds much that needs changing in
the Western European countries and in the relatively less
affluent countries of Eastern Europe.
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A hardening political climate against lawbreakers and
the use of imprisonment when treatment would be more
appropriate, particularly in connection with the use of
illegal drugs, has adversely affected women in the
criminal justice system in some developed countries.
Developed countries tend to influence the penal
policies of developing countries though their aid and
also set the agenda of the donor agencies, so those
policies unfavourable to gender-sensitive penal reform
are exported.
Prison populations are increasing in many developed
countries with no commensurate increases in resources,
so training in the special needs of women and other
vulnerable prisoners and programmes for prisoners such
as counselling for victims of past abuse are suffering.
However, most developed countries have:
- Active and relatively well-resourced civil society
organisations campaigning for prison reform as well
as a range of organisations bringing help and support
to prisoners and assisting with their social reintegration.
- Welfare systems that ensure prisoners leaving prison,
especially women with children, are not left destitute.
- Human rights bodies monitor the treatment of those
deprived of their liberty and in discrimination.
Countries in Europe are bound by European Union
anti-discrimination laws and requirements covering
gender and sexual orientation and by the European
Convention on Human Rights, which outlaws
discrimination, and their representatives in the
European Parliament take an interest in human rights
and anti-discrimination matters.
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