Tool 5: Places of Deprivation of Liberty and Gender
Ê establish tribunals and other public institutions to ensure the effective protection of
women against discrimination
Ê ensure elimination of all acts of discrimination against women by persons, organizations
or enterprises.
Although the implementation of gender equality policies must be localized and interpreted
specifically for each state’s context, the underlying imperative must remain, regardless of
that context. No matter whether places of deprivation of liberty are situated in a highresource context, a conflict, a post-conflict context or a situation recovering from a
humanitarian disaster, women, girls and transgender people are at increased risk of violence
and discrimination across all these settings.15
Ensuring equality of opportunity for staff
As well as those detained within places of deprivation of liberty, staff of different genders
can have different experiences. In some cases this discrimination is structural and assumed
to be the norm, where women do not have the same access to professional development
opportunities and promotion. In other cases there is direct and overt discrimination, where
women and LGBTI staff working in institutions for men face open harassment, abuse and
discrimination from male prisoners and colleagues.
Women are often disproportionally overrepresented in low-ranking positions and areas
where there is no opportunity to advance; this can result in them leaving. Additionally,
women are more likely to leave an institution if there is no support to combine work with
family responsibilities, or if they are experiencing sexual harassment or discriminatory
attitudes and policies.16 Integrating a gender perspective into relevant policies will allow
for such discrimination to be challenged, overcome and prevented from occurring in the
first place.
Improving safety and security
Gendered forms of human rights violations that take place within places of deprivation
of liberty can be diminished or avoided by integrating a gender perspective. Places of
deprivation of liberty may be secure, but there is a question over whether they also keep
people safe.17
By expanding the concept of “security” to include multiple forms of “gendered safety” (see
Box 3 for examples) and by adhering to the provisions in the Bangkok Rules, places of
deprivation can be both safe and secure.
Improving organizational effectiveness
The needs and pathways in the justice system are observably different for women and
men, as discussed throughout this Tool. Women require different conditions and different
kinds and levels of support, and places of deprivation of liberty have the responsibility to
meet these needs. Integrating a gender perspective across all mandated tasks means that
places of deprivation of liberty will have a better understanding of the populations they are
responsible for and will be better able to meet their needs.
There are several mandated tasks related to searching and supervising women and girls
which should not be carried out by male staff in places of deprivation of liberty. It therefore
makes operational sense that there are sufficient female staff to work safely in these
environments, with their needs met, to ensure the safety, needs and dignity of the women
and girls.
13
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