RISK FACTORS AND MEASURES TO REDUCE RISK
…the women’s quarters were separated from
the men in that one had to go through a closed
metal door to enter the women’s quarters. The
door was guarded by a male detainee guard
in a green uniform. In practice, the delegation
observed that on a number of occasions the male
detainee guard and other men (including the
chef de brigade) entered the women’s quarters
with no warning. 52
”
Monitoring bodies should therefore not only check
whether women are being held separately from men,
but whether this separation is enforced in practice.
They should also assess the possibility of whether staff,
including women staff, may be complicit in allowing or
even facilitating interaction between women and men,
without any safeguards, such as those referred to earlier.
d. Supervision by male staff / mixed gender
staffing
Women are at risk of sexual abuse, if male staff are
involved in their supervision, and especially if male staff
are allowed to work in contact positions with female
prisoners. Such actions may include, at best, spying on
women when they are in their private accommodation
areas, in showers and toilets, entering accommodation
areas of women when they are in a state of undress,
at worst, demanding sex in exchange for services and
goods and rape as a matter of routine. Women who
complain of abuse often receive no response from
authorities and experience retaliation from male staff.
Recognising the vulnerability of women to sexual
abuse, the revised Standard Minimum Rules prohibit
any involvement of male staff in the supervision of
women’s prisons.53 However, this rule is not applied
in many countries, sometimes due to a shortage of
female prison staff, in other cases because of concerns
for equal employment opportunities, and in some
because mixed gender staffing is regarded as a practice
which can normalise prison life. In a small number of
countries mixed gender staffing in women’s prisons
has been proven to bring ‘normalising’ benefits. But
the success of such an approach relies heavily on a
sufficient number of staff with adequate training, the
strict enforcement of safeguards, the effectiveness of
confidential complaints’ mechanisms and the existence
of independent inspections. In societies where the
‘normal’ is not what is desirable (e.g. where a culture of
gender based discrimination and violence is prevalent),
in systems where human rights violations in prisons are
widespread and where human and financial resource
restrictions hinder the adequate training of staff, the
risks of such a policy are very high, with possible
devastating consequences for the prisoners. For
example, sexual abuse, including rape, by male staff in
prisons in the USA, where a mixed gender staffing policy
is implemented, has been documented and reported on
numerous occasions.54
The revised Standard Minimum Rules are very clear on
this issue, and the Bangkok Rules, which supplement the
revised Standard Minimum Rules, have not introduced
any new provisions in relation to the gender of staff
allowed to work in women’s prisons. Monitoring bodies
should be aware of this and use these rules as a
reference point in their assessment of risk factors and
recommendations. But if male staff are, nevertheless,
allowed to work in women’s prisons, contrary to the
provisions of the revised Standard Minimum Rules
and the Bangkok Rules and to recommendations by
monitoring bodies, such bodies should check whether
male staff are ever employed in positions responsible
for the direct supervision of prisoners, whether they are
allowed access to private areas, such as dormitories
and sanitary areas, or placed in a position where
they can observe these areas. They should make
recommendations, at the very least, to bring such
practices to an end, where they exist. They should
also be aware that female staff do also abuse women
prisoners, thus policies to protect women prisoners from
violence are necessary also in prisons where women staff
are responsible for the supervision of prisoners.
Monitoring bodies should also pay special attention
to the recruitment and training of all staff who work in
women’s prisons, with reference to the Bangkok Rules55
and women’s access to independent and confidential
complaints’ mechanisms.56 They should also try to
assess whether women prisoners who report abuse
are provided with protection, support and counselling,
as required by the Bangkok Rules, while their claims
are investigated by independent authorities.57 Such
examination should include the legislative framework
governing prisons, as well as practice, where possible.
e. Searching policies and practices
Personal searches is a highly sensitive issue for all
prisoners, but especially women because of their typical
background, which may involve having been subjected to
sexual violence. In all societies, but especially in societies
where women have a subordinate role to men and where
52. Report on the visit of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or degrading Treatment or Punishment to Benin, CAT/OP/
BEN/1, 15 March 2011, para 185.
53. Revised Standard Minimum Rules, Rule 81.
54. See for example, ‘Frequent and severe’ sexual violence alleged at women’s prison in Alabama’, NBC News, 23 May 2012, http://usnews.nbcnews.
com/_news/2012/05/23/11830574-frequent-and-severe-sexual-violence-alleged-at-womens-prison-in-alabama?lite <accessed 24 November 2015>;
‘Sentenced to Rape—Behind Bars in America’, The Daily Beast, 10 November 2011 http://www.thedailybeast.com/articles/2011/11/10/sentencedto-rape-behind-bars-in-america.html <accessed 24 November 2015>; All too Familiar, Sexual Abuse of Women in U.S. State Prisons, Human Rights
Watch, 1996; Kim Shayo Buchanan, Impunity: Sexual Abuse in Women’s Prisons, Harvard Civil Rights-Civil Liberties Law Review [Vol. 42], pp45-87.
55. Bangkok Rules, Rules 29 to 35.
56. Revised Standard Minimum Rules, Rule 56 (3) and 57 (1).
57. Bangkok Rules, Rule 25 (1) and (2).
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