Penal Reform and Gender ENDNOTES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Coyle, A., A Human Rights Approach to Prison Management: Handbook for Prison Staff, (International Centre for Prison Studies: London), 2002. OECD-DAC, Handbook on Security Sector Reform, 2006, p.199. http://www.oecd.org/dataoecd/43/25/38406485.pdf Stern, V., Alternatives to Prison in Developing Countries, (International Centre for Prison Studies/Penal Reform International: London), 1999. Townhead, L., Pre-Trial Detention of Women and its Impact on Their Children, (Quaker United Nations Office: Geneva), 2007. Human Rights Watch, Ill-equipped: U.S. Prisons and Offenders with Mental Illness. (HRW: New York), 2003. International Centre for Prison Studies, ‘Guidance Note 8: Prison Staff and their Training’, Guidance Notes on Prison Reform. (ICPS: London), 2004. World Prison Brief Online, reports that 113 of the 191 countries for which rates are available show prison occupancy rates of over 100% of the official capacity of the prison system. http://www.prisonstudies.org Coyle, A. and Stern, V., Captive Populations: Prison Health Care; Healy, J. and McKee, M., Assessing Health Care: Responding to Diversity,(Oxford University Press: Oxford), 2004, pp. 116-117. Council of Europe, Programme on the Reform of the Prison System in Azerbaijan, ODIHR/CoE Expert Meeting on the Training of Prison Staff Ist Steering Group meeting Strasbourg, 18 – 20 Dec. 2000 (CoE: Strasbourg, 2001), and Council of Europe Press Release: Council of Europe Torture Committee: publication of three new reports on Ukraine. (CoE: Strasbourg, 2002). http://www.cpt.coe.int/documents/ukr/2002-10-09-eng.htm In Ireland, for example, the legal age of criminal responsibility was raised from 7 to 12 years in Oct. 2006. This means that children who have not reached the age of 12 cannot be charged with an offence (with the exception of children aged 10 or 11 charged with murder, manslaughter, rape or aggravated sexual assault). In addition, where a child aged under 14 is charged with an offence, no further proceedings can be taken without the consent of the Director of Public Prosecutions. http://www.citizensinformation.ie/categories/justice/children-andyoung-offenders/children-and-the-criminal-justice-system-inireland Penal Reform International, Reducing Pre-trial Detention: An Index on Good Practices Developed in Africa and Elsewhere, (PRI: London), 2005. Also, Golub,S., Forging the Future: Engaging Law Students and Young Lawyers in Public Service, Human Rights and Poverty Alleviation, (Open Society Institute: New York), 2004. UN Economic and Social Council, Report of the SecretaryGeneral, Coordination of the Policies and Activities of the Specialized Agencies and Other Bodies of the United Nations System: Mainstreaming the Gender Perspective into all Policies and Programmes in the United Nations system, 12 June 1997. Human Rights Watch, No Escape: Male Rape in US Prisons, (HRW: New York), 2001. Also, Omar,M., ‘Horror of Rape in East African prisons’, BBC News, 21 July 2005, and Gear, S., ‘Behind the Bars of Masculinity: Male Rape and Homophobia in and about South African Men’s Prisons’, and Sexualities: Studies in Culture and Society, Vol.10, No. 2 (April 2007) (Sage Publications: London), 2007. Penal Reform International, HIV/AIDS in Malawi Prisons: A Study of HIV Transmission and the Care of Prisoners with HIV/AIDS in Zomba, Blantyre and Lilongwe Prisons, (PRI: London), 1999. Mann, R., Law & Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues in Law & Sexuality, Vol 15, (Tulane University Law School: New York), 2006. Also, Cassell, H., ‘TG Prisoner Sues Corrections Department’, Bay Area Reporter, 28 June 2007: , report on a transgender prisoner who sues the California Department of Corrections for failing to protect her from sexual assault after she alleged that she had been repeatedly raped by two inmates with whom she shared a 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 cell. http://www.ebar.com/news/article.php?sec=news&article=1957 Bastick, M., Women in Prison: A Commentary on the Standard Minimum Rules for the Treatment of Prisoners (Quaker United Nations Office: Geneva), 2005, pp.72-77. Northern Ireland Human Rights Commission, The Prison Within: The imprisonment of Women at Hydebank Wood 2004-06 (IHRC: Belfast), 2007; Council of Europe, Report to the Norwegian Government on the visit to Norway carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 27 June to 6 July 1993, (CPT: Strasbourg), 1994. Carlen,P., Women and Punishment: The Struggle for Justice. (Willan Publishing: Cullompton, Devon), 2002. Walmsley, R., World Female Imprisonment List (International Centre for Prison Studies: London), 2006. African Commission on Human and People’s Rights, Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa: Mission to the Republic of South Africa, 14 – 30 June 2004 (ACHPR: Banjul), 2004, p.50. Council of Europe, The CPT Standards, Section VII. (COE: Strasbourg), 2006. http://www.cpt.coe.int/EN/documents/engstandards-scr.pdf Estrada, R. and Marksamer, J., ‘Lesbian, Gay, Bisexual and Transgender Young People in State Custody: Making the Child Welfare and Juvenile Justice Systems Safe for All Youth through Litigation, Advocacy and Education’, The Temple Law Review, Vol. 79, Issue 2. (Temple University: Philadelphia), 2006. http://equityproject.org/pdfs/Estrada%20%20LGBT%20young%20ppl%20in%20state%20custody.pdf Estrada, R. and Marksamer, J., ‘Lesbian, Gay, Bisexual and Transgender Young People in State Custody: Making the Child Welfare and Juvenile Justice Systems Safe for All Youth through Litigation, Advocacy and Education’, The Temple Law Review, Vol. 79, Issue 2. (Temple University: Philadelphia), 2006. http://equityproject.org/pdfs/Estrada%20%20LGBT%20young%20ppl%20in%20state%20custody.pdf Canadian Human Rights Commission,Protecting Their Rights: A Systemic Review of Human Rights in Correctional Services for Federally Sentenced Women, paragraphs 1.1-1.7, (CHRC: Ottawa), 2003. According to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) scientific report An overview study: Assistance to drug users in European Union prisons (EMCDDA: Lisbon), 2001, p.27, in 2001 9 of 15 EU countries had clear official policies allowing free access to condoms for prisoners. Stern, V., Creating Criminals: Prisons and People in a Market Society (Zed Books: London), 2006, chapt. 2, p.35. McMahon, M., Women on Guard: Discrimination and Harassment in Corrections,(University of Toronto Press: Toronto), 1999, p.56; and Equal Opportunities Commission, Agreement between Her Majesty’s Prison Service and the Equal Opportunities Commission (and its successor body) on an action plan to prevent and deal effectively with sexual harassment in Her Majesty’s Prison Service, (EOC; London), 2007. For a full list of provisions for women in the Russian Criminal Code see Moscow Helsinki Group Situation of Prisoners in Contemporary Russia, (MHG: Moscow), 2003, pp.223-224 Carlen, P.,Women and Punishment: The Struggle for Justice, (Willan Publishing: Cullompten, Devon), 2002, Chapt. 6, pp.1617. Anti-Discrimination Committee Queensland, Women in Prison: A report by the Anti-Discrimination Committee Queensland, (ADCQ: Brisbane), 2006. British Home Office, The Corston Report: A Review of Women with Particular Vulnerabilities in the Criminal Justice System, (Home Office), 2007. Bastick, M., Women in Prison: A Commentary on the Standard Minimum Rules for the Treatment of Prisoners, (Quaker United Nations Office: Geneva), 2005, pp. 12-14. 19