Penal Reform and Gender
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Prisoners should have easy access to the complaints
machinery, both orally and in writing. Where the prison
population is diverse, the information should be
available in the relevant languages. Measures must be
taken to ensure that non-literate prisoners understand
and can access complaint mechanisms.
4.3 Eliminate discrimination in the way
prisons are run
Reduce inappropriate levels of security
The comparatively small number of prisons for women
means that there is often limited accommodation, and
types of accommodation, for women prisoners compared
to those available to male prisoners. For example, in a
region where there might be four men’s prisons of
different security classifications, there may be just one
women’s prison. Where this is the case, that one prison’s
regime will be determined by the maximum security
requirement. This means that women prisoners are
particularly likely to be held according to a security
classification that is stricter than could be justified by any
assessment of the risk that they pose. 32
Further, security rules and procedures designed for male
prisoners are often applied to women, although women’s
offences are less likely to involve violence and women
often behave differently in prison. A recent report on
women in prison in England and Wales concluded:
‘Levels of security in prison were put in place to stop
men either escaping or uniting together to
overthrow the authority of the jail. Women do not act
in this way. Of course some women abscond but
generally they simply go home because they cannot
bear the separation from their children.’33
Prison reform includes ensuring that conditions in prison
should be only as restrictive as is necessary for safe
custody of prisoners and a well-ordered community life in
the prison. It is not appropriate to have generic security
rules that apply to all prisons, regardless of whether they
hold men or women.
Different rules should be drafted for men’s and
women’s prisons including those that apply to:
■ Security measures in the buildings and around the
perimeter, such as bars, barbed wire, high walls and
armed guards
■ Treatment of visitors and arrangements for family visits
■ Procedures to be followed when women temporarily
leave the prison – e.g. to go to hospital
■ Arrangements for day release, day parole and home
leave
Provide appropriate activities for women and other
excluded groups
Many prisons provide no activities for any of the
prisoners, men or women. In those that do, women often
have access to the most limited opportunities, sewing
being the most common activity.34 Prisoners who are
especially vulnerable, such as those with HIV/AIDS and
those held in units for special protection from other
prisoners, often also miss out on education and other
activities.
Activities in women’s prisons should be designed for the
population that they hold. Basic education will be needed
for many. However, the main objective should be to offer
activities that help women to come to terms with their
pasts and become more independent and self-sufficient.
Such an approach can be adopted in all countries,
whatever their resource level. In poorer countries, literate
prisoners can teach others and volunteers from civil
society groups can be involved. Training in agriculture
and in making commodities that can be sold in the market
will help women to be self-sufficient on release. Being
self-sufficient after release is especially important for
women from countries where imprisonment can bring
such shame that no reconciliation with the family is
possible.
In developed countries, programmes in women’s prisons
should be oriented towards building confidence and selfesteem, overcoming past traumatic experiences and
current addictions, enabling women to access the
services to which they are entitled in the community
outside prison and establishing the basis for them to earn
a legal living.
4.4 Ensure prison treatment is appropriate
to the particular needs of men and women
Improving family contact
Family contact is very important when designing genderresponsive penal reform. It is important for male
prisoners because it helps them maintain a link with the
outside world and a relationship with their family and
children, if they have them. For female prisoners, it can
be even more important, as in most societies women
have primary care-giving responsibilities for the family.
Female prisoners are more likely than male prisoners to
have been the sole or primary carer for young children
and other family members, such as older relatives, prior
to imprisonment. It is estimated that in the European
Union, 700,000 children are separated from an
imprisoned parent every year.35 Separation from children
greatly increases the anguish of imprisonment for
mothers, and child-friendly visiting arrangements are
very important. However, because there are far fewer
women’s prisons, women tend to be imprisoned further
away from their families and therefore generally receive
fewer family visits.
Family contact is also important to prison management
and prisoner rehabilitation. Prisoners who maintain
family ties while in prison display fewer disciplinary
problems, have better physical and mental health, are
more likely to reintegrate successfully into the community
upon release and less likely to re-offend.36
In a number of countries, the legal framework requires
contact between pre-trial prisoners and their families and
friends to be approved by the prosecuting or judicial
authorities. Where they are permitted, restrictive
conditions can apply, such as direct supervision by staff,
very short contact durations and a prohibition on physical
contact.37 In many prison systems visiting arrangements
for sentenced prisoners are a low priority. Visits can be
infrequent and held in conditions that do not permit
physical contact. Prisoner and visitor have to shout to
each other through a Perspex screen or stand on either
7
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