Tool 5: Places of Deprivation of Liberty and Gender
there are spaces where they are accommodated together and able to maintain the family
unit. As deprivation of liberty in these settings is not related to a criminal offence, detainees
are not automatically assessed as posing a risk. As far as possible, all aspects of regular
family life are protected.
Separate and secure accommodation and sanitation facilities are provided for single women,
and prevent access of men. They are staffed by women, and include space for children to be
cared for safely. In all cases water is regularly and readily accessible, especially for those
taking care of children, those involved in cooking and those who are pregnant, breastfeeding
or menstruating (see Bangkok Rules, Rule 5).
The physical architecture of places of deprivation of liberty is conceptualized and constructed
with a gender perspective, creating spaces which promote feelings of positive well-being
and facilitate recovery and rehabilitation. Women are housed within small communities, in
structures specifically engineered with women of their security classification in mind (see
Box 4). They are not held in higher security settings than necessary or housed in spaces
which are additions to or converted areas of male facilities.
Places of deprivation of liberty employ specific risk assessment tools that centre around a
gender perspective and acknowledge the generally lower risk posed by women to others.
Those making decisions around categorization and allocation to specific locations do so
within a gender framework which acknowledges, in accordance with the Bangkok Rules, the
importance of locating parents close to their children and the particularly harmful effects
of isolation on women caused by high-security measures (see Bangkok Rules, Rule 41).
Transgender women and men are allocated to an institution after discerning whether they
would feel safer and more able to thrive in a female or male establishment. All transgender
women and men are able to participate fully in the institutional regime, without fear of
their safety or discrimination.
Places of deprivation of liberty employ specific needs assessment tools which establish
important aspects of women’s backgrounds and inform sentence planning, including history
of mental, physical and sexual violence, history of mental health issues and substance
abuse, and current parenting and other caring responsibilities (see Bangkok Rules, Rule 4).
There is acknowledgement from staff and systems that a greater level of need does not
necessarily equate to a high level of risk or threat. People with mental healthcare needs
are accommodated in locations that are not needlessly restrictive, as there is awareness
that such actions can exacerbate mental health problems, which occur at a higher rate in
detained female populations (see Bangkok Rules, Rule 41).
Box 4: Accommodation for women in Canada
In 2000 a maximum-security prison for women in Kingston, Ontario, was the only federal
institution for women offenders in Canada. All federal women offenders, regardless of
security level, were housed at this prison. Key recommendations of a report by the Task
Force on Federally Sentenced Women included closing the prison and opening “regional
institutions and an Aboriginal healing lodge where women-centered programming would
be available” (Barrett et al., 2010: 6).
As a result of the government acting on these recommendations, today the infrastructure
is entirely different and employs a gender-responsive approach. Accommodation is broadly
divided into three classifications.
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