Gender and SSR Toolkit
Box 3
Abolition of internal physical searches of female prisoners 46
In the women’s remand prison in Moscow, it was the practice to carry out an internal physical search of every woman prisoner on admission. This
practice was justified on security grounds to ensure that no illegal or forbidden articles were brought into the prison. In reality, it was used as a means
of subduing new prisoners and of impressing upon them from the outset the need to conform. The United Kingdom partners working on the prison
improvement project were shocked and convinced their Russian partners that there were no security justifications for this practice and that it
constituted a gross personal violation. In addition, it was far more disruptive to the running of the prison and to the health of the prisoners than any
concern about drugs being smuggled into the prison. After the first year of the project, the Russian partners agreed to cease these automatic
searches and to use them only in individual cases where there was an identified security need. Statistical evidence suggests that criminal activity
has decreased rather than increased since this change took effect.
Another reform was to ensure that female staff unlocked women’s cell doors. Under Russian prison rules a male must be present when cells are
opened, but staff were persuaded that only women should open women’s cells and be the first persons to enter them, although male staff members
could be present in the corridor.
side of a grille. In Mauritius’ women’s prison in 2001,
women were separated from their children by a glass
panel, an aspect of prison life which women found
particularly distressing.38 In its visit to Ireland in 2002, the
CPT found in one prison that ‘the visiting facilities offered
no privacy and became very noisy when several
prisoners received visits at the same time.’39 Some
systems do not permit children to visit at all.
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Improving arrangements for visits should be a
high priority in gender-responsive penal reform.
The following should be considered:
Prisoners should be held as near to home and family as
possible.
Where prisoners must be held far from home, the
model found in countries of Central Asia, Eastern
Europe and North America (Canada and California) of
three-day family visits in an apartment in the prison or
the prison grounds should be considered.
Opportunities to visit prisoners should be as extensive
and flexible as possible.
The frequency and quality of visits should not be
dependent on behaviour and modified or otherwise
affected as punishment.
Visitors should be treated with respect and security
measures should not be degrading and humiliating.
There should be no form of screen or physical barrier
separating prisoners and their visitors, unless there is a
compelling reason for this in the particular prisoner’s
case, and any such restrictions should be regularly
reviewed. In particular, physical contact with children
should be permitted.
Visiting facilities should be comfortable, welcoming and
allow for privacy and positive activities.
Prisoners should not be required to wear distinguishing
and demeaning clothing during visits.
Family visiting days should be encouraged in women’s
prisons. At Emu Plains prison in New South Wales,
Australia, on weekends and public holidays visitors are
allowed into the prison from 08.30 until 11.30 with a
break for lunch, and then from 12.30 to 15.30.
Private “conjugal visits” are commonplace for male
prisoners in many regions of the world. Prison
authorities must make sure that female prisoners have
access to conjugal visits equal to that of male
prisoners. WHO recommends that condoms be made
available for family visits in prison ‘without a
complicated or demeaning procedure to obtain them,
such as having to request them from staff.’40
Preserving human dignity
The requirement that all prisoners be treated with
humanity and with respect for their dignity is a
fundamental and universally applicable rule. It applies to
all elements of prison life, including such intimate matters
as personal appearance and the performance of bodily
functions. Matters to do with bodily privacy are very
important for men and women in certain cultures.
Prisoners must not have to expose themselves naked,
particularly to people of the opposite sex. Arrangements
for security and mixed gender staffing must take this into
account.
‘We strip ourselves each day in front of persons
unknown to us and we are told that that is the way we
lived back home so what are we complaining about. At
home we do have a sense of ‘laaj’ (shame and dignity)
and it is assumed that when we come here as prisoners
we have lost all the fine emotions that a woman as
woman has.’
A woman prisoner in India 41
To be treated with respect for their dignity, prisoners must
be able to keep themselves clean and carry out bodily
functions in private. The CPT standards on women in
prison state: ‘Ready access to sanitary and washing
facilities, safe disposal arrangements for blood-stained
articles, as well as provision of hygiene items, such as
sanitary towels and tampons, are of particular
importance. The failure to provide such basic necessities
can amount, in itself, to degrading treatment.’42
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Matters to be considered include:
Arrangements for privacy when people are required to
remove their clothing
Privacy in toilets and showers
Use of privacy locks on cell doors
Provision of hygiene items for women
Minimising indignity in the way urine and other samples
are collected for drug-testing
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