A/HRC/44/37
of Development and Social Inclusion, the Directorate of Indigenous and Afro-Honduran
Peoples and the Secretariat for Human Rights is to improve the delivery of adequate health
care in prisons for indigenous persons. That includes measures to ensure prompt diagnosis
and treatment of chronic diseases, including tuberculosis. 18
40.
In Senegal, the OHCHR Regional Office for West Africa, in partnership with the
Observatory of Places of Deprivation of Liberty and the Association of Senegalese Women
Jurists, monitored 10 women’s prisons in 2018, interviewing approximately 90 per cent of
detainees. The monitoring covered issues related to gender-specific hygiene and health care
needs, reproductive health services, women detained with their children, rehabilitation and
judicial proceedings. Following engagement with the prison authorities, cardiologists,
ophthalmologists, gynaecologists and psychologists were mobilized to provide medical
consultations and treatment; the Ministry of Justice committed to document and review all
cases of prolonged pretrial detention, including a review of women detained with their
children in line with Bangkok Rules Nos. 49–52; and the Director of Criminal Affairs and
Pardons committed to implementing measures to review sentencing and raise awareness
among judges of applying alternatives to detention.
41.
In 2019, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, developed a checklist on health care issues related to
the monitoring of places of detention for national preventative mechanisms (CAT/OP/7).
Recognising the quality of health care in prisons as a crucial indicator in assessing the risk of
cruel, inhuman and degrading treatment and torture, the self-assessment checklist aims to
ensure that national preventive mechanisms cover health-care issues comprehensively in
order to fulfil their preventive mandate. The checklist consists of six categories of healthcare issues, based on the Mandela Rules and the Istanbul Protocol.
Addressing mental health care in prison
42.
Addressing mental health care in prison remains a critical challenge. Prisons are not
therapeutic environments and in many jurisdictions, mental health services are insufficient
or absent. Rules 2 and 5 of the Mandela Rules require prisons to make all reasonable
accommodation and adjustments for prisoners with physical, mental or other disabilities, in
order to ensure access to services and programmes on an equitable basis.
43.
Women offenders often have high rates of prior physical and mental illness and
trauma, substance dependency and, once detained, self-harm, and relatively high rates of
suicide (A/HRC/41/33, paras. 13 and 16). Rules 12 and 13 of the Bangkok Rules emphasize
that mental health issues can become more acute in detention. To address rehabilitative needs,
interventions that address gender-specific, individualized psychosocial and psychiatric care
are needed. 19 Under the Bangkok Rules, whenever possible non-custodial measures are
recommended and sanctions in the case of women who already have a mental disability are
preferred (rule 60).
44.
In June 2018, the Government of the United Kingdom published a strategy for female
offenders. 20 The strategy is part of a whole-system approach to female offenders, which
recognizes that female prisoners report poorer mental health than male prisoners (49 per cent
of women compared to 18 per cent of men), with higher levels of suicide attempts, psychosis,
anxiety and depression. The strategy includes taking a gender-responsive, trauma-informed
approach to helping women address factors that bring them into the justice system. In
addition, a community sentence treatment requirement protocol has been developed to
improve access to mental health and substance misuse services in order to address the
underlying reasons for offending. Among offenders serving community orders, overall nearly
one third have mental health conditions (29 per cent) with a 46 per cent prevalence among
women.21 The protocol recognizes that when a person’s individual vulnerabilities become the
reason for offending, that needs to be effectively addressed. Where appropriate, community
18
19
20
See contribution from Honduras (unofficial translation).
A/HRC/38/36, paras. 29, 30, 72 and 98.
Ministry of Justice, “Female offender strategy” (2018).
C:\Users\Veronique.Lanz\Downloads\www.gov.uk\government\publications\femaleoffender-strategy
21
Ministry of Justice, “Vulnerable offenders steered towards treatment”, 10 August 2018.
9
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