A/HRC/31/57
(d)
Review laws, criminal procedures and judicial practices to ensure that
they take full account of women’s backgrounds, including histories of prior abuse,
mental health problems and substance abuse, and parental and other caretaker
responsibilities in the allocation of sentences and sentence planning;
(e)
Divert women and girls away from the criminal justice system and
towards appropriate services and programmes, whenever appropriate, and implement
alternatives to detention such as absolute or conditional discharge, verbal sanctions,
arbitrated settlements, restitution to the victim or a compensation order, community
service orders, victim-offender mediation, family group conferences, sentencing
circles, drug rehabilitation programmes and other restorative processes, services and
programmes;
(f)
Provide for non-custodial means of protection, such as shelters and other
community-based alternatives, and guarantee that the placement of women in
detention centres for protection — only where necessary and expressly requested by
the woman in question — will be temporary, subject to supervision and competent
authorities and never continued against their will;
(g)
Ensure that male and female detainees are separated, including during
transport; that female detainees are supervised and attended to only by female staff;
and that escorts of female prisoners at least include female officers;
(h)
Immediately cease the practice of shackling and handcuffing of pregnant
women and women in labour and of women immediately after childbirth;
(i)
Absolutely prohibit the use of solitary confinement on pregnant and
breastfeeding women, mothers with young children, women suffering from mental or
physical disabilities and girls under 18 years of age and as a measure of “protection”;
(j)
Ensure that strip and invasive body searches are conducted only when
necessary and appropriate, by staff of the same gender with sufficient medical
knowledge and skill to perform the search safely and respect the individual’s privacy
and dignity and in two steps (to ensure that the detainee is never fully unclothed), and
to prohibit body searches of females by male staff;
(k)
Account for women’s gender-specific health-care needs and provide
individualized primary and specialist care, including comprehensive and detailed
screenings and prerelease preparations, in a holistic and humane manner, in line with
the Bangkok Rules; provide preventive and gender-sensitive care designed to
safeguard women’s privacy and dignity, including as regards mental health, sexual
and reproductive health, HIV prevention and treatment and substance abuse
treatment and rehabilitation programmes; and ensure that female detainees are
examined and treated by female health-care professionals if they so request, except in
emergency situations, when female staff should be present;
(l)
Ensure adequate sanitation standards and provide for facilities and
materials that meet women’s specific hygiene needs, such as sanitary towels at no cost,
and clean water, including during transport;
(m) Prohibit forced and coerced pregnancy tests and obtain full, free and
informed consent for such tests, and prohibit virginity testing under all
circumstances;
(n)
Consider the imprisonment of pregnant women and women with young
children only when other alternatives are unavoidable or unsuitable; ensure that
sentencing policies and practices respect the best interests of the child, including the
need to maintain direct contact with mothers; assist female offenders with tools to
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