Tool 5: Places of Deprivation of Liberty and Gender
and children, and also ensures the rights of the child. For example, the forcible separation
of a child from its parents in Europe impacts on the child’s rights under Article 8 of the
European Convention on Human Rights.19 Equally, policies that take into consideration
the gendered responsibilities of men as fathers (especially where they are the primary
caregiver, but even where this is not the case) are an important part of mainstreaming a
gender perspective. It can sometimes be forgotten that transgender women and men can be
parents, and policies to ensure they are able to maintain relationships with their children
are equally as important.
Global goals*
At present the most notable and high-profile international goals are the Sustainable
Development Goals (SDGs). The declaration of the SDGs in 2015 was the universal agreement
to implement the Agenda of Sustainable Development by 2030. The agenda includes 17
SDGs, with aspirations at every level of society to ensure that “no one will be left behind”.20
In reality, women, girls and LGBTI people, as well as many men and boys, in places of
deprivation of liberty are often “left behind”, and more needs to be done to take into
consideration the specific needs of these groups and reduce the systematic and structural
discrimination they face. When women’s rights are protected through effective justice
systems, pathways are created for inclusion, poverty reduction and sustainable peace.21
SDG 5 is dedicated to improving gender equality. SDG 16 addresses the justice sector, with
Target 16.3 measuring the extent to which the rule of law and equal access to justice for
all are being promoted. Achieving these SDGs manifestly requires implementing a gender
perspective within places of deprivation of liberty. SDGs 2, 3 and 6 addressing hunger,
health, and water and sanitation are also relevant to places of deprivation of liberty. In
some prisons food and medicine are only available if friends and family bring them to the
prisoners. In times of famine, disease outbreak or drought, detainees are often overlooked.
In shared facilities women may only receive food and water after the men are finished, and
where there are separate facilities the scarcity of available spaces for women means that
they are often held far from family and thus are unable to receive vital food and medicine.22
SDG 5
Achieve gender
equality and empower
all women and girls.
SDG 16
Promote peaceful and
inclusive societies
for sustainable
development, provide
access to justice for
all and build effective,
accountable and
inclusive institutions at
all levels.
Achieving SDG 1 (“End poverty in all its forms everywhere”) also has a close connection
to women’s imprisonment: the “feminization of poverty” has been highlighted as a cause
of the global increase in women prisoners,23 so SDG 1 should be pursued within places
of deprivation of liberty. Penal Reform International argues that reforms in prisons which
incorporate the Bangkok Rules “have the potential to break the cycles of poverty among
women and ensure that they are not left behind”.24
Overlooking the places of deprivation of liberty when assessing any country’s progress
against the SDGs ignores the true effect of these institutions, and certainly will not match
the aspiration that no one will be left behind.
* For more on SDGs see the
Policy Brief on “The 2030
Sustainable Development
Agenda, the Security Sector
and Gender Equality”.
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