RISK FACTORS AND MEASURES TO REDUCE RISK Risk factors and measures to reduce risk Women are at heightened risk in certain contexts, at certain times and as a consequence of certain policies, practices and conditions in places of detention. In addition, certain categories of women are particularly vulnerable. Some of the key factors that represent particular risks for women are discussed below. The revised Standard Minimum Rules for the Treatment of Prisoners clarify in Rule 2(2)26 that ‘prison administrations shall take account of the individual needs of prisoners, in particular the most vulnerable categories in prison settings’ and that ‘[m]easures to protect and promote the rights of prisoners with special needs are required and shall not be regarded as discriminatory’. that regard domestic violence as a private matter. Often victims are re-victimised, by the nature and methods of investigations. In a society where such attitudes and prejudices exist, where perpetrators routinely avoid being held accountable for their acts, and where this is regarded as normal, in places of deprivation of liberty, where the vulnerability of women is all the more acute and even minimal social controls absent, women are at heightened risk of ill-treatment and torture, including specifically gender-based violence. b. Legislative context Firstly, it is important to reiterate that the values and attitudes in society are reflected in prisons, which are microcosms of the outside world, made up of people who are part of that same society, sharing the same culture, values and prejudices. As the former Special Rapporteur on Torture has noted, a society’s indifference to or even support for the subordinate status of women, together with the existence of discriminatory laws and a systematic failure to bring perpetrators to justice and protect victims, create the conditions which increase women’s risk of being subjected to physical and mental suffering27 in all spheres of life, including in prisons. A range of laws, including those not directly related to detention, have a significant impact on the risks women face. These may include: criminal and criminal procedure laws which discriminate against women28 or which do not allow courts to take into account women’s background and circumstances sufficiently in deciding pre-trial detention or sentences;29 anti-human trafficking laws, which do not provide sufficient protection for victims and even require their prosecution and imprisonment, leading to secondary victimisation; legislation and rules governing prisons, which do not provide for the gender specific needs of women; laws on illegal migrants or asylum seekers, which pave the way to the routine detention of such people, and which do not take into account women’s special needs and safety requirements; and laws and rules relating to confinement in psychiatric institutions and their management, which may not take into account women’s particular vulnerability and needs. A typical example of such a societal attitude is when, in some countries, women who report violence to the police are often returned home without any action, because domestic violence is regarded as a family problem by society, including law enforcement officials. Where an investigation does take place States often fail to provide justice to victims, due to ineffective and unfair investigation mechanisms and deeply engrained attitudes Although changing legislation alone will not be sufficient to safeguard women against torture and ill-treatment, legislation is a key starting point. Changing attitudes, prejudices and discriminatory laws in society entails a long-term process. It needs coordinated efforts by civil society to lobby for change, including for legislative reforms, conducting public awareness campaigns and systematically reporting on the discrimination and 1. Certain contexts which heighten risk a. Societal context 26. The revised United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), adopted by the UN Commission on Crime Prevention and Criminal Justice on 22 May 2015, endorsed by the Economic and Social Council on 9 September 2015, UN-Doc. E/ RES/2015/20 and adopted by UN General Assembly Third Committee on 5 November 2015, UN-Doc. A/C.3/70/L.3 (at the time of printing this Resolution was pending adoption by the plenary of the UN General Assembly.) 27. A/HRC/7/3, 15 January 2008, para. 29. 28. An extreme example of the way in which laws can impact on the risks women face is where in some countries certain interpretations of religious laws are adhered to and the definition of rape is not clear in legislation, women who have been raped may be imprisoned for having had sexual intercourse outside marriage (referred to as zina). See, for example, UNODC, Afghanistan, Female Prisoners and their Social Reintegration, Atabay ,T., 2007, p21. 29. See Bangkok Rules, Rules 57, 58, 60, 61, 62, 64 and 65. Penal Reform International | Women in Detention: a guide to gender-sensitive monitoring |7