Tool 5: Places of Deprivation of Liberty and Gender Ê establish tribunals and other public institutions to ensure the effective protection of women against discrimination Ê ensure elimination of all acts of discrimination against women by persons, organizations or enterprises. Although the implementation of gender equality policies must be localized and interpreted specifically for each state’s context, the underlying imperative must remain, regardless of that context. No matter whether places of deprivation of liberty are situated in a highresource context, a conflict, a post-conflict context or a situation recovering from a humanitarian disaster, women, girls and transgender people are at increased risk of violence and discrimination across all these settings.15 Ensuring equality of opportunity for staff As well as those detained within places of deprivation of liberty, staff of different genders can have different experiences. In some cases this discrimination is structural and assumed to be the norm, where women do not have the same access to professional development opportunities and promotion. In other cases there is direct and overt discrimination, where women and LGBTI staff working in institutions for men face open harassment, abuse and discrimination from male prisoners and colleagues. Women are often disproportionally overrepresented in low-ranking positions and areas where there is no opportunity to advance; this can result in them leaving. Additionally, women are more likely to leave an institution if there is no support to combine work with family responsibilities, or if they are experiencing sexual harassment or discriminatory attitudes and policies.16 Integrating a gender perspective into relevant policies will allow for such discrimination to be challenged, overcome and prevented from occurring in the first place. Improving safety and security Gendered forms of human rights violations that take place within places of deprivation of liberty can be diminished or avoided by integrating a gender perspective. Places of deprivation of liberty may be secure, but there is a question over whether they also keep people safe.17 By expanding the concept of “security” to include multiple forms of “gendered safety” (see Box 3 for examples) and by adhering to the provisions in the Bangkok Rules, places of deprivation can be both safe and secure. Improving organizational effectiveness The needs and pathways in the justice system are observably different for women and men, as discussed throughout this Tool. Women require different conditions and different kinds and levels of support, and places of deprivation of liberty have the responsibility to meet these needs. Integrating a gender perspective across all mandated tasks means that places of deprivation of liberty will have a better understanding of the populations they are responsible for and will be better able to meet their needs. There are several mandated tasks related to searching and supervising women and girls which should not be carried out by male staff in places of deprivation of liberty. It therefore makes operational sense that there are sufficient female staff to work safely in these environments, with their needs met, to ensure the safety, needs and dignity of the women and girls. 13

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