Tool 5: Places of Deprivation of Liberty and Gender
It is therefore of huge importance that institutions holding people awaiting trial and
authorities responsible for questioning detainees embrace a gender perspective and apply
the concept to all areas of policing.*
New approaches to integrating a gender perspective have recently been piloted with people
deprived of liberty while in custody for initial questioning and during pre-trial assessment
and detention (see Box 11).
Box 11: Implementing a gender perspective during pre-trial assessment in Kenya
Context analysis
To provide a strong understanding of the specific situation in Kenya for women in contact
with the justice sector, the Kenya Probation and Aftercare Service partnered with Penal
Reform International to complete a detailed contextual analysis.
On the basis of this context analysis report, the Kenya Probation and Aftercare Service
was able to identify several areas of possible improvement. It decided to focus on pre-trial
assessment as one of the areas that could have the greatest impact.
Adaption of tools and approach
During the pre-trial stage, probation officers interview defendants deprived of liberty in
police stations, at court and in prison to provide a report and recommendations to the
court. The guidance for conducting these interviews and the assessment tools used to
gain information from the accused were deemed to be gender neutral and to overlook the
needs and responsibilities of women.
The tools and guidance were redesigned to be gender responsive by explicitly gathering
information about women’s health and sanitation needs, and their parental and other carerelated responsibilities. For example, previously a female defendant would not have been
asked about the consequences for her children if she was to be found guilty, or whether
she was pregnant, as her questioning was the same as that for men.
Probation officers were also trained in the importance of the Bangkok Rules and a more
open questioning style, which allowed the women interviewed to feel more at ease and
divulge information about their situation and the context surrounding their alleged
offence.
Impact
The new methods allowed for greater information collection. Magistrates reported a
significant increase in the quality of reports, which included relevant mitigating factors
that allowed them to decide on non-custodial sentences more often. Probation officers
also noted that the gender-responsive approach allowed them to build better working
relationships with the female defendants, which meant they could give improved
recommendations for women’s rehabilitation. An additional unforeseen positive impact
was that probation officers started to take the same gender-responsive approach to male
defendants. This led to an improved understanding of and recommendations for men,
which took into consideration the specific needs and responsibilities of the individual.
Source: O. P. Khan (2018) “Introducing a gender-sensitive approach to pre-trial assessment and probation: Evaluation
of an innovation in Kenya”, Probation Journal, 65, pp. 184–200.
* See Tool 2 for guidance
on integrating a gender
perspective in policing.
Other useful resources
include DCAF, OSCE, OSCE/
ODIHR (2014) “Integrating
gender into internal police
oversight” and UN Women
(2015) “Module 3: Justice
and policing”, in Essential
Services Package for Women
and Girls Subject to Violence:
Core Elements and Quality
Guidelines, New York: UN
Women, UNFPA, WHO, UNDP
and UNODC.
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