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ostracism.39 In addition, women prisoners suffer from failures of the
prisons to meet their specific needs. The Bangkok Rules require allocation
of women prisoners close to their homes, special role of female staff in the
prisons at both managerial levels and in the exercise of daily tasks, such as
searches.40 They prohibit discrimination and require the taking of positive
measures to address existing inequalities, including in spheres such as
access to vocational training, health care and contact with families. The
Bangkok Rules provide for gender-specific hygiene and health care for
women prisoners, equivalent to that in the community.41 This includes
access to washing facilities and to specific hygiene items provided by
the state if needed, as well as gynaecological health care and access to
specific medication and contraceptives. Separate sets of standards deal
with pregnancy, antenatal and post-natal care. They require providing for
an appropriate diet for pregnant women, appropriate medical care during
pregnancy and after birth and ensuring of adequate contacts with their
children after birth, taking into account also the best interest of the child
in assessing their duration.42
The vulnerability of women prisoners is recognized also in the specific
rules related to disciplinary punishments and the use of force. The
Bangkok Rules prohibit close confinement or disciplinary segregation
of pregnant women, women with infants and breastfeeding mothers.43
They also prohibit imposing of disciplinary sanctions on women, which
include prohibition of family contacts, especially with children. Rule 24
prohibits the use of instruments of restraint during labour, during birth
and immediately after birth.
In January 2017, the ECtHR Grand Chamber announced its judgment in
39. UNODC, Handbook on Women and Imprisonment, 2nd ed., New York, 2014, p. 17.
40. The Bangkok Rules, rules 4, 10, 11, 19. The 2018 CTP factsheet on women in prison goes one step
ahead in proposing that “in women’s prisons or prison units, the preponderance of staff in contact with
prisoners should be female”.
41. The Bangkok Rules, Rule 10; See also: European Parliament, Prison systems and conditions, para 25.
The 2016 SPT opinion underlines specifically the need of women prisoners to access to a female doctor
(SPT, Prevention of torture and ill-treatment of women deprived of their liberty, § 28).
42. The Bangkok Rules, rules 42, 48, 49. The 2018 CTP factsheet on women in prison suggest that “it
could be considered as inhuman and degrading for a child to be removed immediately from a mother
after birth”. The European Parliament resolution on prison systems and conditions takes the same
approach (§ 26). In both the factsheet and the Bangkok Rules it is recognized that the decision on when
the child can be separated from his/her imprisoned mother is difficult and that the guiding principle in
this regard should be the best interest of the child.
43. The Bangkok Rules, Rule 22.
Prisoners in a Situation of Vulnerability
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