Gender and SSR Toolkit and some prisoners only survive through contributions brought in by their families. ■ ■ ■ Infectious diseases that spread rapidly and increased rates of mental illness.8 Violence and brutality by prison staff against prisoners and between prisoners, with stronger prisoners running the prisons and imposing their control by terrorising others, as well as widespread sexual violence. Severe lack of both rehabilitative activities and arrangements for re-integration into society on release. Penal reform activities need to be appropriate to the context. Although justice systems have many common features, the sanctions system and the assumptions underlying the operation of prisons in any country are affected by the type of legal system in place, as well as by cultural, historical and socio-economic factors. Penal reform can involve a wide range of actions such as: ■ Transferring control of the prison from the military or the police to civilian authorities. ■ Training prison staff to adopt an approach to prison management based on human rights. ■ Convincing a prison administration that security could be ensured without the heavy iron bars covering cell windows, and that their removal would increase exposure to light and air and thus help prevent the spread of diseases.9 ■ Raising the minimum age of criminal responsibility so that child offenders are dealt with under the social welfare system rather than under the penal system.10 ■ Establishing a system of legal aid and advice for prisoners given by volunteers where trained lawyers and public financing are not available.11 ■ Forming groups of citizens to visit prisons and report on abuses and treatment. Obstacles to penal reform include: ■ Political unpopularity of those who are seen as lawbreakers; ■ Competition for resources from causes seen as more worthy of support; ■ Low priority given to the penal system within the wider justice system; ■ The closed nature of the prison system, which makes it easier to keep out the media and the public on security grounds, and thereby to conceal abuse. The benefits of comprehensive reform of the penal system include better crime control and rehabilitation, which can directly increase community security, and enhance protection of the human rights and dignity of prisoners. 2 3 Why is gender important to penal reform? Gender refers to the particular roles and relationships, personality traits, attitudes, behaviours and values that society ascribes to men and women. ‘Gender’ therefore refers to learned differences between men and women, while ‘sex’ refers to the biological differences between males and females. Gender roles vary widely within and across cultures, and can change over time. Gender refers not simply to women or men but to the relationship between them. Gender mainstreaming is the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels.12 For more information see Tool on SSR and Gender 3.1 For penal institutions to meet human rights standards International and regional conventions on human rights prohibit inhuman and degrading punishment or treatment, and require that all persons deprived of their liberty be treated with respect for the dignity of the human person. These and international and regional laws on the administration of justice and prisons must be applied consistently with the prohibition of discrimination on the basis of sex. To meet these obligations there has to be an understanding of the importance of gender differences and a willingness to develop policies and adopt practices that ensure that the human rights of men, women, girls and boys are respected. Further, a number of penal standards set out specific obligations to address the needs of women prisoners. See Annex on International and Regional Laws and Instruments Taking into account gender differences is important for human rights compliance because prisons are abnormal single-sex institutions based on coercion. Prison environments are conducive to sexual violence and are dangerous places for vulnerable people. In prisons for men, male rape and other forms of sexual exploitation are common.13 Prison staff are sometimes involved in corruption, torture, sexual violence and procuring prisoners for other prisoners to abuse.14 Young male prisoners are very vulnerable to such exploitation. Women prisoners can face sexual abuse from male staff. Prisoners who do not confirm to traditional gender roles (e.g. gay, lesbian, bisexual and transgender prisoners) are at particular risk of violence.15 When in prison, minority and indigenous people face distinct forms of discrimination, which are often compounded for minority and indigenous women.16 Prison regimes that aim to minimise the differences between prison life and life in open society are more likely to reduce levels of violence