1. Overview
1.1 Why gender?
Places of deprivation of liberty* have typically been created to maintain a secure environment
to hold individuals separate from the general population. Policies to uphold human rights,
improve rehabilitation efforts or contribute towards strengthening mental health have only
come afterwards, if at all. The physical infrastructure, policies and practices have traditionally
assumed that those held within places of deprivation of liberty are a homogeneous group
of heterosexual adult males from the most prevalent ethnic, cultural and religious groups in
that region. Where efforts have been made to improve conditions or meet needs, there has
been an additional assumption that treating everyone the same means that everyone has
been treated equally. However, there is a growing acknowledgement that different groups
of people deprived of their liberty have different needs, and therefore justice reforms are
needed to ensure that all people are treated with dignity and respect.^
Where places of deprivation of liberty have made provisions for women and girls, these are
often applied within a male-oriented framework and do not integrate a gender perspective,
which would highlight the specific needs of groups other than adult males and would also
diversify the way of working with men. The traditionally male-dominated spaces of justice
institutions usually facilitate a very narrow conception of masculinity, which can perpetuate
violence and isolation for many. Men and boys in such environments who do not identify
with or conform to the outwardly “macho” displays of the culturally expected projections of
masculinity are exposed to risk of violence.
In addition, there is greater awareness that specific policies and practices are required to
maintain the safety, dignity and equal participation of lesbian, gay, bisexual, transgender
and intersex (LGBTI) detainees and prisoners.
* This Tool uses the definition
in the Optional Protocol
to the Convention against
Torture and Other Cruel,
Inhuman or Degrading
Treatment or Punishment,
Article 4: “Deprivation of
liberty means any form of
detention or imprisonment or
the placement of a person in
a public or private custodial
setting which that person
is not permitted to leave at
will by order of any judicial,
administrative or other
authority.”
^ For a broader discussion of
gender and justice reform see
Tool 4.
Working with women and girls
Women and girls constitute a vulnerable group in prisons, as well as outside, due to gender
inequality. Although there are considerable variations in their situations in different
countries and in the reasons for and intensity of their vulnerability and corresponding
needs, several factors are common to most, including:
Ê challenges faced in accessing justice on an equal basis with men and boys in many
countries, as well as in accessing education and labour opportunities
Ê disproportionate victimization from sexual or physical abuse and gender-based
discrimination prior to imprisonment
Image: Members of local
commissions monitoring
places of detention during a
study visit to Penitentiary 13
in Chisinau, Moldova, 2013 ©
OSCE.