RISK FACTORS AND MEASURES TO REDUCE RISK Monitoring groups should also determine whether disciplinary sanctions include prohibition of family contact and with reference to the Bangkok Rules91 develop recommendations to bring an end to this measure in legislation and practice. j. Inappropriate decisions to separate dependent children from their mothers in prison Dependent children are allowed to stay with their mothers until a certain age determined by law in most countries, though the age at which they must be removed from prison varies. The removal of dependent children from prison, without a proper assessment of the best interests of the children concerned and of alternative care arrangements outside prison, can have grave consequences both for the mother and the child, causing immense suffering and worry to the mother and probable long-term emotional, developmental and possibly physical harm to the child. The Bangkok Rules, for the first time, introduced international standards with respect to the decision-making process on removing children from prison, in addition to rules, which relate to the treatment of such children in prison. They require that decisions are made to remove children from prison on a case-by-case basis, based on individual assessments, always taking into account the best interests of the children concerned and never without having ensured that satisfactory care arrangements have been made outside prison.92 The SPT has, for example, raised concerns about non-compliance with this principle in its report on Brazil: “ The SPT was concerned by allegations received that mothers with children in prison were deprived of their right to keep custody of their child after the age of two, who in some cases had been put up for adoption. The SPT recommend that decisions to allow children to stay with their mothers in prison shall be based on the best interests of the children, and be based on careful individual assessment.* The SPT further requests the State party to provide clarification on the practice of placing children for adoption, and on the application of child custody legislation in these situations. 93 *Bangkok Rules, Rules 49 and 52. ” Monitoring groups should include an examination of the laws and practices relating to the permission for dependent children to stay with their mothers in prison and the removal of such children from prison in their countries, with reference to the Bangkok Rules, Rules 49 and 52, and make recommendations to revise legislation and change practice in line with the requirements of the Bangkok Rules, where necessary. k. Detention for protection In some countries women are detained in prisons for their own protection against gender-based violence. These include women who have been raped and may be in danger of harm by the perpetrator or his relatives to persuade them not to testify, and women who may have overstepped the strict norms required by custom, tradition or religion, putting them at risk of an ‘honour based killing’. In some countries prisons may be used to protect victims of trafficking. Women can be held for prolonged periods for their protection, which, as such, can become ill-treatment, as noted by the Special Rapporteur on Torture in the case of Jordan for example, where women may be detained for up to 14 years because they are at risk of becoming victims of honour crimes.94 Using detention as a means of (alleged) ‘protection’ is a particularly gross form of discrimination. It penalises the victim or potential victim rather than the perpetrator, further victimises women, and deters them from reporting rape and sexual abuse. The best option for the protection of such women would be to place them, temporarily, in shelters or safe houses run by independent bodies or social welfare services, provided that the women expressly wish to be protected in this way.95 Regrettably, the demand for safe houses is higher than the supply, which can mean that women may have to be placed in separate sections of detention facilities or prisons, on a temporary basis, to protect them.96 Recognising the reality of the need for such protection in some countries and the additional risks it may entail for such women, the Bangkok Rules provide that ‘… Temporary measures involving custody to protect a woman shall only be applied when necessary and expressly requested by the woman concerned and shall in all cases be supervised by judicial or other competent authorities. Such protective measures shall not be continued against the will of the woman concerned.’97 In the longer term, States have the responsibility to develop comprehensive, legal, political and administrative measures to protect women from violence and prevent 91. Bangkok Rules, Rule 23, Revised Standard Minimum Rules, Rule 43 (3). 92. Bangkok Rules, Rule 52, Revised Standard Minimum Rules, Rule 29. 93. Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to Brazil, CAT/OP/ BRA/1, 5 July 2012, paras 120, 121. 94. A/HRC/7/3, para. 43, with reference to the report of the Special Rapporteur to Jordan in June 2006, A/HRC/4/33/Add.3, paras. 39 and 72. 95. Bangkok Rules, Rule 59. 96. In Afghanistan, for example, the Law on Prisons and Detention Centres, includes an article which allows heads of detention centres, with permission of the ministry of justice and written request by the individual to provide temporary shelter and protection in detention centres and prisons to those who have been seriously threatened and their safety are at serious risk (Article 53). 97. Bangkok Rules, Rule 59. 16 | Penal Reform International | Women in Detention: a guide to gender-sensitive monitoring