A/HRC/31/57
female officer. Many States nevertheless fail to adhere to this and other unambiguous
requirements. Abuses can occur even when female and male living quarters within an
institution are separate, for instance when women’s access to such basic necessities as fresh
water is circumscribed by their exclusive availability in male quarters (CAT/OP/BEN/1).
Furthermore, authorities’ failure to prevent inter-prisoner violence amounts to torture or illtreatment (A/HRC/13/39/Add.3).
20.
Women are at particular risk of torture and ill-treatment during pretrial detention
because sexual abuse and violence may be used as a means of coercion and to extract
confessions. A majority of female detainees worldwide are first-time offenders suspected of
or charged with non-violent (drug- or property-related) crimes, yet are automatically sent to
pretrial detention. In many States the number of women held in pretrial detention is
equivalent to or higher than that of convicted female prisoners, and women are held in
pretrial detention for extremely long periods (A/68/340). Women in pretrial detention
facilities — which are typically not built or managed in a gender-sensitive manner — tend
not to have access to specialized health care and educational or vocational training. They
face higher risks of sexual assault and violence when they are held in facilities with
convicted offenders and men or are supervised by male guards. According to the
Committee against Torture, the undue prolongation of the pretrial stage of detention
represents a form of cruel treatment, even if the victim is not detained (A/53/44).
Security and disciplinary measures
21.
The use of shackles and handcuffs on pregnant women during labour and
immediately after childbirth is absolutely prohibited and representative of the failure of the
prison system to adapt protocols to unique situations faced by women (A/HRC/17/26/Add.5
and Corr.1). When used for punishment or coercion, for any reason based on discrimination
or to cause severe pain, including by posing serious threats to health, such treatment can
amount to torture or ill-treatment.
22.
Solitary confinement can amount to torture or ill-treatment when used as a
punishment, during pretrial detention, for prolonged periods or indefinitely and on
juveniles. Solitary confinement of any duration must never be imposed on juveniles, or
persons with mental or physical disabilities, or on pregnant and breastfeeding women, or
mothers with young children. (A/66/268). Its use as a measure of retaliation against women
who have complained of sexual abuse or other harmful treatment must also be prohibited.
Female prisoners subjected to solitary confinement suffer particularly grave consequences
as it tends to retraumatize victims of abuse and women suffering from mental health
problems. It places women at greater risk of physical and sexual abuse by prison staff and
severely limits family visits.
23.
Body searches, in particular strip and invasive body searches, are common practices
and can constitute ill-treatment when conducted in a disproportionate, humiliating or
discriminatory manner. Inappropriate touching and handling amounting to sexual
harassment during searches is common, as are routine vaginal examinations of women
charged with drug offences. These practices have a disproportionate impact on women,
particularly when conducted by male guards. The punishment of women who refuse to
undergo strip and invasive searches, for instance by placing them in isolation or revoking
visitation privileges, is also common. When conducted for a prohibited purpose or for any
reason based on discrimination and leading to severe pain or suffering, strip and invasive
body searches amount to torture.
24.
Detention, often for prolonged periods, is sometimes used on the grounds of
“protecting” female victims of rape, honour-based violence and other abuses or to ensure
that they will testify against the perpetrator in court. This practice further victimizes
7
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