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Gender and Security Toolkit
read, whether the person owns property, or whether there are strong traditional ideas about
gender roles. For example, a woman from a low socio-economic background held in a place
of deprivation of liberty with a culture of deeply entrenched traditional notions of gender
will have a very different experience to a woman who has access to large resources and is
held within an institutional culture that facilitates freedom around gendered behaviour.
Figure 3 identifies how some personal characteristics can overlap with the contextual
circumstances of different places of deprivation of liberty and thus cause greater levels of
discrimination and suffering.*
Figure 3: Personal characteristics and institutional contexts that can cause multiple
layers of discrimination
Personal characteristics
Age; disability; ethnicity;
health; language;
marital status; parental
status; religion or belief;
sexual orientation and
gender identity
Institutional context
Distance from
family/community; health
and sanitation facilities;
educational and vocational
provisions; language
spoken by staff; local
cultural beliefs and norms;
socio-economic situation
2.6 Gender and the aims of places of deprivation of liberty
Adopting a policy of integrating a gender perspective has many benefits for the effective
running of places of deprivation of liberty and will aid in the achievement of mandated
tasks of such institutions.
Ability to meet responsibilities in law
Places of deprivation of liberty have a duty of care to all those who are held in, work in
or visit them to prohibit cruel, inhumane and degrading punishment or treatment and to
ensure that everyone is treated with respect and dignity. Women, men and transgender
women and men require different approaches in order to receive fair and just treatment.
Therefore, for places of deprivation of liberty to adhere to their duty of care and meet
requirements in formal and soft law, a gender perspective is imperative.
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
is the global charter of women’s rights. Ratified by 189 countries, CEDAW provides the basis
for realizing equality between women and men by ensuring women’s equal access and equal
opportunities in all spheres of economic, social, cultural, political and civil life. By ratifying
or acceding to CEDAW, states commit themselves to undertake a series of measures to end
discrimination against women in all forms, including to:
Ê incorporate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt appropriate ones prohibiting discrimination against
women
* For a detailed list of groups
particularly vulnerable to
SGBV if authorities do not
take proper measures to
address their needs and
ensure their safety, see OSCE/
ODIHR (2019) Preventing
and Addressing Sexual and
Gender Based Violence in
Places of Deprivation of Liberty:
Standards, Approaches and
Examples from the OSCE
Region.
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