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Penal Reform and Gender
Tips
The media are particularly influential in shaping
attitudes to crime and punishment. Good media
coverage of the use of prisons for women and the
problems involved can be effective in bringing about
change.
European Union and Council of Europe antidiscrimination laws have not been widely used to
improve the situation of women in prison, but it has that
potential.
The CPT is a unique European resource covering 47
countries that has paid detailed attention to women in
prison and to gender violence. Civil society groups
might work to ensure that its reports are well known
and its recommendations to governments are
implemented.
Donors supporting penal reform in other countries can
work to ensure that gender issues are addressed.
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Key recommendations
Assessment and information collection:
Analyse the penal system to ensure its impact is not
discriminatory and that it deals fairly and equally
with all those it affects, including personnel and the
families of prisoners. The official data collection of
the penal system should provide information broken
down by sex, use of pre-trial detention and
sentencing level and length, and ensure that data
on the incidence of violence is available and shows
the level of gender-based violence.
Oversight and monitoring: Ensure that systems
of inspection monitor gender issues, and that the
reports of the inspectors are published and receive
a government response. Inspectors must be
independent of the prison administration and have
access at all times to all places of detention.
Inspection teams should consist of both men and
women, and have access to medical expertise.
Complaints mechanisms: Put in place in all
prisons credible complaints systems, so that
incidents of gender-based violence can be reported
without the complainant being victimised.
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Human dignity: Ensure respect for human dignity
is a high priority in the management of prisons and
in the procedural rules. Clear and unambiguous
rules should state that male staff should never
search women prisoners, nor be permitted in the
area where women dress and take showers. Prison
procedures, in particular as regards strip-searching
and internal searches, should be based on actual
requirements as regards male and female
prisoners.
Gender-based violence: Put in place mechanisms
to protect all prisoners from gender-based violence
at the hands of prison staff or other prisoners.
Ensure that complaints and oversight mechanisms
facilitate reporting of gender-based violence, and
ensure that such abuses are punished and the
victim supported.
Health care: Strive for a high quality of prison
health care linked to the public health system,
addressing the particular health needs of male and
female prisoners.
Pregnant women and mothers: Imprison
pregnant women and mothers with young children
only when absolutely necessary. Women giving
birth in outside hospitals should never be shackled
or handcuffed and should receive appropriate care.
Where children are held in prison with their
mothers, the environment in which the children are
kept should as far as possible replicate life in the
outside community.
10. Recruitment and training of prison staff: Reform
the recruitment and training of prison staff, to
ensure proper initial and in-service training.
Protecting prisoners from sexual violence and
addressing the different needs of male and female
prisoners should be core elements of prison staff
training. Ensure equal opportunities for female and
LGBT prison staff.
11. Civil society: Open up prisons to the involvement
of civil society, including those groups concerned
with women and LGBT prisoners. This is an
important way of preventing abuse and ensuring
that women, children and other vulnerable groups
have access to the specialist services they need, in
prison and on release.
12. Support for penal reform: Build public support for
penal reform, working with parliament, civil society
and the media.
Appropriate security and activities: Ensure that
women prisoners are not subject to a higher degree
of security than is warranted by the level of danger
they present. Educational and vocational activities
in prisons should be appropriate to equip men and
women for self-reliance when they leave prison.
Family contact: Put family contact at the centre of
the prison’s activities, as a route to humanising the
prison regime and holding families together. Family
contact should never be withheld or reduced as part
of the disciplinary system. Visits that do not permit
personal contact should only be imposed when
there is clear evidence of a security risk.
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