RISK FACTORS AND MEASURES TO REDUCE RISK
Monitoring groups should always check whether
women’s special hygiene requirements are being
provided for and whether the accommodation of
pregnant women, breastfeeding mothers and women
with dependent children take into account their and their
children’s special hygiene needs. Monitoring groups can
go further and, using the Bangkok Rules as a reference
point, encourage the use of alternatives to imprisonment
in the case of such categories of women, in order to
protect the women from conditions which, in some
countries, amount to inhuman and degrading treatment
and taking into account the best interests of the children,
as required by the Bangkok Rules and CRC.83
Women’s gender specific health rights, including
specifically their reproductive and sexual health rights, are
very often violated in prisons. These may include women’s
lack of access to preventive healthcare services focusing
on gender specific healthcare needs (e.g. cervical and
breast cancer screening), as well as services to treat
sexually transmitted infections (STI), including voluntary
testing, treatment and care for HIV/AIDS to which women
are particularly vulnerable,84 and despite the reality that
women in prison comprise a high risk group for having
acquired STI, due to their typical background, which may
include experience of sexual violence, sex work and drug
use. Pre- and post-natal care and healthcare services
during delivery are also usually extremely inadequate.
It is also important to note that medical examinations
themselves can be experienced as inhuman and
degrading in certain circumstances, for example, when a
woman requests to be examined and treated by female
healthcare specialists and her wishes are not granted for
unjustifiable reasons. Women prisoners’ right to medical
privacy and dignity during examinations may also be
denied with the presence of security staff (sometimes
male) during intimate examinations. For women who
have been victims of gender-based violence, such
practices can cause immense distress and humiliation.
Monitoring bodies should assess whether genderspecific healthcare services, at least equivalent to those
available in the community, are being provided to women
prisoners, in line with the requirements of the Bangkok
Rules.85 They should also check if when a woman
requests that she be examined or treated by a woman
physician or nurse, a woman physician or nurse is made
available, to the extent possible, except for situations
requiring urgent medical intervention, and where a male
medical practitioner undertakes the examination, a
woman staff member is present during the examination.86
Monitoring groups should also determine whether
Rule 11 of the Bangkok Rules is being applied. This
rule prohibits the presence of non-medical staff during
medical examinations, but provide that, if it is necessary
for non-medical staff to be present, for justified
security reasons or because the woman requests a
female chaperone, ‘such staff should be women and
examinations shall be carried out in a manner that
safeguards privacy, dignity and confidentiality’.87
i. Inadequate provision for family contact
A key problem many women prisoners face is that the
location of their place of detention is often far away from
their homes, due to the small number of women prisoners
and the corresponding small number of women’s
prisons. This means that their families face challenges in
maintaining contact with them. The disruption of links with
their communities, families and especially their children
can cause immense worry and distress to the women,
many of whom are the primary carers of their children.
In some countries where prisoners’ access to food is
inadequate and where prisoners rely on their families for
food, women prisoners can be severely disadvantaged.
In addition, where conjugal visits are allowed, women
prisoners usually do not enjoy the same rights as those of
men. This is one of those areas where women prisoners
are discriminated against in most prison systems, with
very adverse consequences on the mental wellbeing of
women prisoners. This disadvantage may be exacerbated
in systems where disciplinary punishments include the
reduction or prohibition of family contact.
The Bangkok Rules place responsibility on the authorities
to make special efforts to accommodate women close
to their places of residence or the place where they
would like to be eventually released.88 They also require
prison authorities to make a special effort to facilitate
links between women prisoners and their families, and to
ensure that women have treated by a woman physician or
nurse, a woman the same right to conjugal visits as men.89
Monitoring groups should assess whether such an effort
is being made by the prison authorities in their countries
and develop recommendations to ensure that women
are accommodated closer to their homes, in line with
the Bangkok Rules. They should also check whether,
in cases where this cannot be done, prison authorities
have introduced any measures which compensate
for the disadvantages faced by women and make
recommendations, where such measures have not been
introduced. For example authorities may assist with
transportation; if prisoners have access to telephones,
they may increase the telephone calls female prisoners are
allowed to make to their families and they may allow the
extension of the length of visits, among other measures.90
83. Bangkok Rules, Rule 64.
84. Women have a particular physical vulnerability to HIV. Studies have shown that women are at least twice as likely as men to contract HIV through sex.
The pre- existence of sexually transmitted infections (STI) can greatly increase the risk of contracting HIV. (Women and HIV in Prison Settings, HIV/
AIDS Unit, UNODC, p3.)
85. Bangkok Rules, Rule 10 (1).
86. Bangkok Rules, Rule 10 (2).
87. Bangkok Rules, Rule 11.
88. Bangkok Rules, Rule 4.
89. Bangkok Rules, Rules 26 – 28, revised Standard Minimum Rules, Rule 58 (2).
90. See PRI, Guidance Document on the United Nations Rules on the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules), 2013, p71.
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