A/HRC/45/16 anniversary, the Working Group considers it an opportune moment to reflect on the unique challenges that women face when deprived of their liberty in a wide variety of settings. The Bangkok Rules are aimed at addressing the specific needs of women in conflict with the law, including through admission procedures, gender-specific health care, safety and security in detention facilities, and the implementation of non-custodial measures such as diversion, alternatives to pretrial detention and sentencing alternatives. 5 46. Despite the important progress made in developing global standards that promote the rights of women deprived of their liberty, 6 the arbitrary deprivation of liberty of women continues to be of serious concern across the world. During the reporting period, the Working Group considered the situation of women deprived of their liberty in a variety of contexts, including detention resulting from the lack of access to reproductive health care; the protective custody of women in social care facilities; the de facto detention of women through restrictions imposed by private actors; and the detention of women in facilities not appropriate for the needs of female detainees. 47. In its opinions, communications and country visit reports, the Working Group has presented several key findings and made recommendations with regard to preventing the arbitrary deprivation of liberty of women, including: (a) A law, judgment or public policy that criminalizes conduct relating to the consequences of a lack of women’s access to the highest attainable standard of health or that criminalizes the exercise of women’s reproductive rights must be considered to be prima facie discriminatory. States must bring such laws and policies urgently into line with international standards;7 (b) While homes and shelters provide vital social care to vulnerable groups, particularly women and children facing domestic violence, efforts must be made by States to ensure that residents in such facilities are able to leave if they wish, including through regular monitoring of the facilities and support in reintegrating into the community; 8 (c) The right to personal liberty requires States to put an end to the de facto deprivation of liberty of women by private actors, such as guardianship systems that prevent women from leaving their family homes without the permission of a guardian; employers who prevent migrant domestic workers (who are often mainly women) from leaving the residences where they are employed, 9 or armed groups who deprive women of their liberty during situations of armed conflict;10 (d) States must ensure that dedicated and appropriate detention facilities are available to accommodate women detainees, including pretrial detention facilities and prisons for convicted women. Dedicated operational drug rehabilitation facilities should be provided for the treatment of drug-dependent women;11 (e) When introducing emergency measures or powers to address public health emergencies, States must ensure that all such measures do not breach the principle of equality and non-discrimination based on the grounds of, inter alia, gender, as well as take into 5 6 7 8 9 10 11 24 In particular rules 2–4, 10–13, 19–21, 48–52, and 57–63. See also the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), rules 11 (a), 28, 45 (2), 48 (2), 58 (2) and 81; and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), rule 26.4. Opinion No. 68/2019, paras. 114–115 (considering the case of women who had been tried and sentenced to lengthy imprisonment after experiencing obstetric emergencies or miscarriages). See also Opinion No. 19/2020 and www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25680&LangID=E. A/HRC/42/39/Add.1, paras. 81, 88 and 94 (b). See also A/HRC/39/45/Add.2, para. 89 (b), and A/HRC/27/48, paras. 78–79. See A/HRC/45/16/Add.2. See also A/HRC/41/33, para. 59. See TUR 12/2019, available at https://spcommreports.ohchr.org/Tmsearch/TMDocuments. A/HRC/42/39/Add.1, paras. 47–50, 76, 92 (c) and 93 (c) (also noting, in para. 76, that treatment for all drug-dependent persons should consist of voluntary, evidence-informed and rights-based health services in the community, rather than compulsory drug detention facilities).