A/HRC/30/19
29.
Furthermore, overincarceration may negatively affect family members who lose the
main breadwinner, thereby adversely impacting on the best interests of the affected child or
children.114
H.
Right to equality and non-discrimination
30.
The effects of overincarceration and overcrowding in places of detention are
especially negative for members of groups such as women,115 children,116 persons with
disabilities,117 racial minorities118 and indigenous peoples,119 and non-citizens. Owing to
overstretched resources, the specific needs of persons belonging to these groups cannot be
addressed. Failure to separate pretrial detainees from others,120 adults from children121 and
men from women122 has been alleged to lead to exploitation and sexual violence.123 The
specific needs of women and girls in relation to their right to health are disregarded,124 in
particular in the case of pregnant women, girls and nursing mothers.125 There are reports of
young children being detained with their mothers126 and failure to respect the special needs
of children in detention.127 Places of detention are reported to have insufficient number of
female128 or minority129 staff, which impacts adversely upon women130 and members of
minorities in detention. Furthermore, persons with disabilities are held in environments that
include areas inaccessible to them131 and often prisoners with mental illnesses are not
separated from others.132
31.
Overcrowding and the associated failure to address the needs of the members of
these groups in detention has made them particularly vulnerable to violence,133 and can lead
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, chapter F(i); and M v. The State,
Constitutional Court of South Africa Judgement (2007). See also CRC/C/GC/14, para. 69.
See CEDAW/C/BRA/CO/7, para. 32.
See CAT/C/LKA/CO/3-4, para. 14, and A/HRC/28/68, para. 41. See also Juvenile Reeducation
Institute v. Paraguay, Inter-American Court of Human Rights Judgement (2004), para. 175.
See A/68/295, para. 45.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16257&LangID=E.
See CAT/OP/NZL/1, para. 33.
See CAT/C/GAB/CO/1, para. 17; CAT/C/MUS/CO/3, para. 14; CAT/C/LKA/CO/3-4, para. 14; and
CCPR/C/MOZ/CO/1, para. 14.
See E/C.12/LKA/CO/2-4, para. 32; www.achpr.org/files/sessions/12th-eo/missionreports/promotion_mission-2012/mission_report_mauritania_cpta_eng.pdf, para. 38;
CAT/C/BLR/CO/4, para. 19; CAT/C/SYR/CO/1, para. 30.
See CAT/C/KHM/CO/2, para. 19, and CCPR/C/BDI/CO/2, para. 18.
See SRT A/HRC/28/68, para. 68; Juvenile Reeducation Institute v. Paraguay, Inter-American Court
of Human Rights Judgement (2004), para. 175; CAT/C/BOL/CO/2, para. 18; and A/HRC/28/68, para.
58.
See A/HRC/22/50/Add.2, para. 13; CEDAW/C/BRA/CO/7, para. 32; and
www.achpr.org/files/sessions/37th/missionreports/ethiopia/misrep_specmec_priso_ethopia_2004_eng.pdf, p. 33.
See CEDAW/C/BRA/CO/7, para. 32-33.
See CAT/C/KEN/CO/2, para. 12, and CAT/C/RWA/CO/1, para. 19.
See CAT/OP/MEX/1, para. 187.
See CPT/Inf (2014) 13, para. 53, and CAT/C/KHM/CO/2, para. 19.
See CPT/Inf (2014) 13, para. 53.
See CPT/Inf (2014) 13, para. 53.
See A/68/295, para. 45.
See CAT/OP/HND/1, para. 191.
See CAT/OP/PRY/1, para. 148, and Council of Europe document CPT/Inf (2015) 12, para. 54. See
also www.achpr.org/files/sessions/52nd/inter-act-reps/185/activty_report_prisons_eng.pdf, p. 15.
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