A/HRC/31/57
1.
Women in detention
16.
Women comprise between 2 and 9 per cent of the prison population in 80 per cent of
the world’s prison systems.8 Although their numbers are increasing, their needs in detention
often go unnoticed and unmet, as prisons and prison regimes are typically designed for
men. However, women’s unique experiences of prison, as well as the motivations for
women’s criminal behaviour and their pathways into criminal justice systems are often
distinct from those of men (A/68/340). Different incarceration and treatment policies,
services and even infrastructure are required to address women’s distinct needs and ensure
their protection.
17.
Many women in the criminal justice system are low-income, minority single
mothers; many are victims of domestic violence and abuse and suffer from mental health
problems, substance dependencies and overall poor states of health (ibid.). A large number
were victims of intimate partner or non-partner violence before their detention, and are at
risk of revictimization during arrest and incarceration.
18.
A variety of obstacles to accessing justice, including poverty and discrimination,
increase the likelihood of women being detained, while systematic or institutionalized
societal discrimination contributes to legitimizing and replicating discrimination and
violence against women and girls deprived of liberty. Women in prison face multiple forms
of discrimination in accessing gender-sensitive and appropriate services across different
aspects of the prison regime, such as health care, educational opportunities, rehabilitation
services and visiting rights. The adoption of the United Nations Rules for the Treatment of
Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)
filled a gap in international standards by recognizing and addressing the gender-specific
needs and circumstances of female offenders and prisoners. The Bangkok Rules supplement
but do not replace relevant provisions in the United Nations Standard Minimum Rules for
the Treatment of Prisoners (the Nelson Mandela Rules) and the United Nations Standard
Minimum Rules for Non-custodial Measures (Tokyo Rules). Their swift and full
implementation by States would contribute significantly to reducing torture and illtreatment against women in custody, as would gender-sensitive non-custodial measures and
the consideration of gender-specific circumstances in sentencing female offenders,
including in cases of women convicted of killing abusive domestic partners.9
Protection from violence by prison staff and inter-prisoner violence
19.
Women and girls are at particular risk of sexual assault by male prisoners and prison
staff, including rape, insults, humiliation and unnecessary invasive body searches. Added to
the trauma of sexual abuse is the particular stigmatization women in these situations face,
for instance for having engaged in extramarital sexual relations or due to the risk of
pregnancy or of sexual abuse leading to the inability to have children. Sexual humiliation
may occur when male guards watch female prisoners in intimate moments such as dressing
or showering. The risk of sexual and other forms of violence can arise during transfers to
police stations, courts or prisons, and particularly where male and female prisoners are not
separated or when male staff transport female prisoners. Separating male and female
detainees and ensuring that female detainees are supervised by female guards and prison
officials are key safeguards against abuse. Rule 81 of the Nelson Mandela Rules mandates
that male staff must not enter a women’s institution unless they are accompanied by a
8
9
6
Office of the United Nations High Commissioner for Human Rights (OHCHR), Women and
Detention (2014); Roy Walmsley, World Prison Brief, World Female Imprisonment List, 3rd ed.
(2015).
General Assembly resolution 65/228.
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