RISK FACTORS AND MEASURES TO REDUCE RISK
the re-victimisation of women, in order for such extreme
measures not to be necessary.98
are at higher risk of harming themselves or attempting
suicide in comparison to boys or adults.104
In countries where such practices exist, monitoring
bodies can be instrumental in identifying such women,
especially those who have been detained for prolonged
periods, examining their circumstances, and assisting
with measures to enable their protection in other ways,
by facilitating links between NGOs and women’s groups
who run shelters, by developing recommendations to
change specific laws which allow perpetrators to avoid
justice, while their victims seek protection.
As prison systems have been primarily designed for
men, girls’ health needs are often not even addressed by
prison policy and procedure. This can result, for instance,
in infrequent or absent health services, including
gynaecological provision for pregnant girls who are one
of the most vulnerable groups in detention, due to the
social stigmatisation to which they may be subjected and
their inexperience in dealing with pregnancy.105
4. Certain categories of women
who are at heightened risk
a. Girls
Girls comprise one of the most vulnerable groups in
detention, due to their age, gender and small numbers.
Studies have found that the vast majority of girls
in detention have experienced abuse prior to their
involvement with the criminal justice system.99
Due to the small numbers of girls in detention, ‘many
countries do not make special arrangements or provide
segregated facilities for them’,100 but often girls are
held alongside boys and/or in facilities with mixed staff,
resulting in a risk of exposure to violence, including
sexual violence.101 In police stations, this risk is generally
high – and regulations on the separation sometimes only
cover prisons but not police stations. Girls may also be
abused by older women and female staff.
Alternatively, ‘to ensure their segregation from men and
boys, girls risk being held in isolation or detained far
away from home’.102 The impact of separation from family
and community can severely harm a girl’s mental health,
emotional well-being, self-esteem, social and life skills
and abilities to varying extents, yet mental health issues
are rarely addressed.
Available studies confirm that girls are far more likely than
boys to suffer with affective disorders (like depression)
as well as anxiety disorders.103 As a consequence, girls
Girls are even more ‘unaware of their rights, and even
fewer have access to safe, effective and child- and
gender-sensitive counselling, reporting and complaints
mechanisms to address incidents of violence’.106
Rules 36 to 39 of the Bangkok Rules specifically address
juvenile female prisoners, recognising the need for
special protection of girl prisoners, the obligation of equal
access to education and vocational training, the need
for age- and gender-specific programmes and services,
the relevance of health care including regular access to
gynaecologists, and the special challenges for pregnant
juvenile female prisoners.
Monitoring groups should assess whether special
measures are in place to protect girls from illtreatment and torture, which include: ensuring that the
accommodation of girls is strictly separated from boys
and from adult male and female prisoners; that they are
supervised by women staff who are carefully selected
and who have received special training; that they are
properly supervised, to prevent abuse by other prisoners
or members of staff and have access to a confidential
and independent complaints’ mechanism.107
b. Victims of human trafficking and sex
workers
In many countries victims of human trafficking are
imprisoned, on charges of prostitution, illegal entry,
illegal residence or work, despite international
conventions which require States to protect and not
to re-victimise victims of human trafficking.108 Such
women are particularly vulnerable in detention due to
98. Declaration on the Elimination of Violence against Women, Article 4 (f).
99. PRI/IPJJ, Neglected Needs: Girls in the criminal justice system, p10.
100. Special Representative of the Secretary-General on violence against children, Safeguarding the rights of girls in the criminal justice system, 2015, p5.
101. See for example, ‘Custody and Control, Conditions of Confinement in New York’s Juvenile Prisons for Girls,’ Human Rights Watch, American Civil
Liberties Union, September 2006.
102. Special Representative of the Secretary-General on violence against children, Safeguarding the rights of girls in the criminal justice system, 2015, p6,
quoting A/HRC/21/25, Joint report of the Office of the High Commissioner for Human Rights, the United Nations Office on Drugs and Crime and the
Special Representative of the Secretary-General on Violence against Children on prevention of and responses to violence against children within the
juvenile justice system, 27 June 2012, para. 45.
103. Teplin L A et al., ‘Psychiatric Disorders in Youth in Juvenile Detention’, Archives of General Psychiatry, Vol 59, No 12, Cited in F T Sherman, Making
Detention Reform Work for Girls, A Guide to Juvenile Detention Reform, Juvenile Detention Alternatives Initiative Practice Guides 5, Annie E. Casey
Foundation, 2013.
104. See, for example, HM Chief Inspector of Prisons for England and Wales, Annual Report 2006-7.
105. PRI/IPJJ, Neglected Needs: Girls in the criminal justice system, p13.
106. Special Representative of the Secretary-General on violence against children, Safeguarding the rights of girls in the criminal justice system, 2015, p4.
107. 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, p96.
108. UN General Assembly, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United
Nations Convention against Transnational Organized Crime, 15 November 2000, available at: http://www.unhcr.org/refworld/docid/4720706c0.html
<accessed 20 October 2012> Articles 6-8 and 9 (b)
Penal Reform International | Women in Detention: a guide to gender-sensitive monitoring
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