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Gender and Security Toolkit
Box 5: Albania’s law reform on gender-based violence
Albania’s legal framework initially required only the strict separation of women and men
in places of deprivation of liberty, and that female prisoners were to be solely supervised
by female staff. In 2014 legislation was improved to include the state’s responsibility to
prevent gender-based violence under a non-discrimination clause. The changes, which
were informed by the Bangkok Rules, also grant immediate protection for all survivors
of gender-based violence and individualized treatment and healthcare based on genderspecific needs, including those based on sexual orientation and gender identity.
Peruvian protocol addresses the diverse needs of women
In 2016 the National Penitentiary Institute of Peru adopted a protocol on “Comprehensive
care and penitentiary treatment for prosecuted or sentenced women in correctional
facilities and post penitentiary service” (“Atención integral y tratamiento penitenciario
para mujeres procesadas o sentenciadas en establecimientos penitenciarios y medio libre”).
Informed by the Bangkok Rules, this protocol recognizes the diverse populations within
places of deprivation of liberty, including indigenous women, women who do not speak
Spanish, foreigners, elderly women, women with disabilities, LGTBI people, women infected
with HIV or other chronic illnesses, women with mental health problems, pregnant women
and women who live with children under three years of age. It emphasizes the importance
of meeting the needs of these diverse groups, as well as the need to partner with other
government departments and NGOs to finance, monitor and provide services for women
in places of deprivation of liberty. The protocol also introduces greater specificity over
procedures for body-cavity searches and the situations in which they may or may not take
place.
Sources: OSCE/ODIHR (2019) Preventing and Addressing Sexual and Gender-based Violence in Places of Deprivation
of Liberty: A Compilation of Standards, Approaches and Examples from the OSCE Region, Warsaw: OSCE/ODIHR;
Maria Eva Dorigo (2016) “Peru has adopted a protocol for the treatment of women in prison based on the UN
Bangkok Rules”, Penal Reform International blog post, 5 August, www.penalreform.org/blog/peru-has-adopted-aprotocol-for-the-treatment/ (accessed 17 October 2019).
Political and public backing
Support from political actors and the public for progressive reform can be difficult to
achieve, but it is vital that those in leadership positions acknowledge gender differences
and support policies and practices to reduce discrimination and promote gender equality.
Both human and financial resources should be allocated to create women-centred, mencentred and LGBTI-centred strategies and services. Designating high-level administrative
positions for oversight of management, monitoring and ongoing improvement will also
help to provide the structure for sustainable change, as well as sending the message that
gender differences are important and need to be acknowledged.
To understand the context in any specific state, leaders should commission a comprehensive
assessment of the current situation of the detained population’s experience of places of
deprivation of liberty; this should investigate and highlight their gendered needs and lead
to a regularly monitored action plan.*
Policy should be developed that underlines the importance of physical and emotional safety
and actively avoids procedures that can lead to retraumatization. Procedures for reporting
and investigating claims of misconduct should be clear to all, with open and transparent
completion.
One way to combine the efforts of those in favour of improving integration of a gender
perspective can be arranging regional summits with likeminded institutions, organizations,
* See section 5 for a sample
institutional self-assessment
checklist.
Gender assessment and
integrating gender in
assessment are also discussed
in Tool 15, “Integrating
Gender in Project Design and
Monitoring for the Security
and Justice Sector”.
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