CAT/OP/27/1
and male prison staff. The Subcommittee has come across situations where female
detainees were encouraged to prostitute themselves. The Subcommittee has also
encountered cases of sexual violence between patients and the inappropriate use of
force by the staff of a psychiatric hospital, as well as cases in which outsiders had
been able to enter a hospital and abuse patients because of a lack of surveillance of the
hospital perimeter.
26. In some cases, the measures supposedly taken to protect women who have
suffered from acts of violence and have reported them while deprived of their liberty
can lead to further violations of their rights as, for example, when women are placed
in isolation in the name of such “protective measures”.
27. In some States parties, women prisoners subject to searches are required to
undress in public, to squat and to undergo intimate body searches, including invasive
probing of the vagina and anus. Such degrading practices are also carried out on
women visitors to detention facilities, sometimes by male guard s. The Inter-American
Court of Human Rights, making use of the jurisprudential and legal criterion that
prevails in the realms of both international criminal law and comparative criminal law,
considers that rape does not necessarily entail non-consensual sexual relations
involving vaginal penetration, as has traditionally been thought. The Court has stated
the following: “Sexual rape must also be understood as [an] act of vaginal or anal
penetration, without the victim’s consent, through the use of other parts of the
aggressor’s body or objects ...”. 14 The Subcommittee agrees that vaginal and anal
inspections can constitute sexual violence and must therefore be prohibited. 15
B.
Health
28. Women’s right to health is a critical issue in places of deprivatio n of liberty,
particularly in mixed facilities, because there are often no female health professionals
available to provide adequate care and follow-up. In some instances, female doctors
visit prisons between once a week and once a month to provide women i nmates with
health care, which is not enough. There are often no gynaecologists or obstetricians
available in prison facilities to provide timely and appropriate care to pregnant or
breastfeeding women or, more generally, to address the sexual and reproduc tive health
needs of female inmates. The fact that pregnant or breastfeeding women require a
special diet is generally not taken into account. In some prisons, sanitary pads are not
made available free of charge and have to be provided by relatives and fri ends or
sometimes by non-governmental organizations (NGOs), religious groups or
volunteers.
29. In men’s prisons that have been adapted to accommodate an area or wing for
women, female inmates have limited access to water, since sanitation facilities are
located in areas reserved for men. As a result, women either have to rely on security
personnel to bring hoses to fill water containers or they have to fill the containers
themselves but may do so only at certain times so as to avoid contact with male
inmates.
30. During some visits, the Subcommittee has heard reports of suicides and suicide
attempts by women deprived of their liberty. In many instances, these kinds of cases
are linked to such factors as harsh conditions of imprisonment, severely limited tim e
spent outside of the cells, few or no opportunities for work, education or recreation
14
15
GE.16-00603
Inter-American Court of Human Rights, Miguel Castro Castro Prison v. Peru criminal case,
judgement of 25 November 2006, para. 310.
See the Subcommittee’s reports on its visits to Argentina (CAT/OP/ARG/1, para. 72) and Brazil
(CAT/OP/BRA/1, para. 119).
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