1. INTRODUCTION
Those who are deprived of their liberty are some of the least visible people in the
world. These individuals can be permanently affected by their experiences in justice
institutions and those experiences can extend far beyond prison walls.
Detainees and prisoners can be at risk of violence if protection measures are not put in
place or consistently applied. Women may be subjected to violence and abuse in closed
and male-dominated environments, reflecting the prevalence of gender inequality existing in the broad community, which causes discrimination and victimization
from sexual and gender based violence. Men may be expected to align to stereotypical
forms of masculinity, which are typically about power and dominance. If they do not
conform or if they are perceived as having breached codes of honour, they are and can
be at risk of violence and abuse.
Talking about sexual and gender-based violence in places of deprivation of liberty
continues to be a taboo in many countries, as much as it is a reality. While sexual violence is under-reported in all settings, similarly to conflict-related sexual violence, the realities and the experiences of those who have suffered are hidden because
of, among other things, a culture of silence and acceptance of violence as “collateral
damage”, the lack of appropriate protection measures, power imbalances, fear of further punishment and the overarching stigma attached to such violence.
Understanding sexual violence as a form of gender based violence and, thus, grasping
the interplay of power and discrimination may help in the development of preventive
measures that are fully inclusive of the motivations behind such violence.
Sexual and gender-based violence (SGBV) represents an extreme form of discrimination and a serious human rights violation that may affect a number of human rights,
including the right to life, liberty and security of the person, and the right to freedom from torture and other cruel, inhuman or degrading treatment or punishment.
Acts of SGBV threaten the health, dignity, security and autonomy of victims but
remain largely ignored and under-reported, particularly when they occur far from
the public eye.
12