A/HRC/38/36
significantly higher proportion of women than men are imprisoned for drug-related
offences.55
77.
In many countries, the proportion of women held in pretrial detention is equal to or
larger than that of convicted female prisoners. 56 This heightens vulnerability to sexual
abuse and other forms of coercion that can be used to extract confessions 57 and is
compounded by race, disability, foreign national status and other situations of social
discrimination.
78.
Keeping women out of the criminal justice system in the first place by, for example,
repealing laws criminalizing access to, and information about, sexual and reproductive
health-care services, consensual adult sex, “morality” and minor drug offences is critical to
protecting the right to health.
B.
Conditions of incarceration
79.
Once incarcerated, women often face discrimination based on sex and/or disability
and are subjected to treatment and conditions that mirror the violence and abuse the
majority have experienced prior to their detention. In a number of countries, because of the
limited accommodation available for women prisoners, women are subjected to security
levels not justified by the risk assessment undertaken on admission. 58 The lack of available
medical or mental health services may also result in women being placed in more secure
facilities than otherwise indicated. 59 The situation is exacerbated for women with
disabilities because of the scarcity of facilities to accommodate them, and even more so for
women with psychosocial or intellectual disabilities, whose actual or perceived impairment
is often used as the basis for higher levels of security. 60
80.
Like their male counterparts, women in prisons recurrently face overcrowding,
violence and unsanitary conditions detrimental to their mental and physical health and
conducive to the spread of disease. It is frequently the case that little or no attention is paid
to women-specific health-care needs, such as those related to menstruation, pregnancy and
childbirth, menopause and sexual and reproductive health. 61 The lack of gender-specific
health care in prison, including the lack of specialized obstetric and reproductive health
services, poor treatment by staff, medical neglect and denial of medicines, lack of privacy
for medical exams and confidentiality, and discrimination regarding access to harm
reduction services, may amount to ill-treatment or in some cases torture, 62 and amounts to a
violation of the right to health.
81.
International standards require “special accommodation for all necessary prenatal
and postnatal care and treatment” in women’s prisons,63 and that “adequate and timely food”
and a healthy environment be provided free of charge for, among others, pregnant women
and breastfeeding mothers.64 However, prenatal care is inadequate or non-existent in many
prisons, even where widely available in the general population, and nutrition substandard. 65
55
56
57
58
59
60
61
62
63
64
65
16
Joanne Csete and others, “Public health and international drug policy”, The Lancet, vol. 387 (April
2016); A/68/340, para. 26; CEDAW/C/BRA/CO/7 and Corr.1, para. 32; A/54/38/Rev.1, part two,
para. 312.
UNODC, Handbook on Women and Imprisonment.
Open Society Justice Initiative, Presumption of Guilt: The Global Overuse of Pretrial Detention
(New York, Open Society Foundations, 2014); UNODC, Handbook on Women and Imprisonment.
UNODC, Handbook on Women and Imprisonment.
See, for example, Anti-Discrimination Commission Queensland, Women in Prison (2006). Available
from https://www.adcq.qld.gov.au/__data/assets/pdf_file/0018/5148/WIP_report.pdf.
UNODC, Handbook on Women and Imprisonment.
A/68/340. See also Human Rights Watch, Going to the Toilet When You Want: Sanitation as a
Human Right (2017).
See A/HRC/31/57, para. 26.
The Nelson Mandela Rules, rule 28.
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (the Bangkok Rules), rule 48.
A/68/340.
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