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7719 results in Intersentia

Page 242 of 386

  • Women in prison: a transnational perspective

  • from Part I - Introductory Synthesis and Analyses: 1ÈRE Partie Synthèse ET Analyses Introductives
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 3-34

  • Summary

    INTRODUCTION TO THIS VOLUME

    Women are a minority in prison. Currently, of the 10.35 million prisoners worldwide, 6.8% is female and their number is rapidly growing. Due to the comparatively low number of female inmates, prison policies have traditionally developed in response to the behavior of men. Little consideration has been given to the impact of those policies on women. Research on women in prison demonstrates, however, that female prisoners diverge from their male counterparts in that (i) they generally end up in prison for different reasons and, once in prison, (ii) they have other needs. For example, women are more frequently incarcerated for drug-related offences and less for violent crimes than men, women have an increased sensitivity to a whole range of mental problems and women rarely need the excessive security measures that many male prisoners require.

    The fact that prison systems are male-oriented, in combination with the different needs of female prisoners, raises questions as to the efficiency of current systems. Generally, prison policy has to work towards the goals of imprisonment, such as serving a sentence (including retribution), rehabilitation, re-socialization and deterrence (general and special prevention), and incapacitation. Yet the approach to attain these goals may be different in the case of women. Meanwhile, not only efficiency matters require attention with regard to women in prison, human rights concerns may be raised as well. Women in prison are a vulnerable minority. Other (or more) than men, they may have to deal with hygiene needs related to reproductive health, motherhood, lack of financial resources, intimidating male staff, abusive (ex-)partners and other gender-specific matters.

    The 2010 United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) - the central theme of this volume - address both human rights matters and efficiency issues relevant to women in prison. The Bangkok Rules, for example, prohibit the use of instruments of restraint on women in labor (human rights), but also promote non-custodial measures for women, in order to fuel re-socialization (efficiency). Contained in a General Assembly resolution, the Bangkok Rules enclose soft law, in the words of the resolution “global aspirations … addressed to prison authorities and criminal justice agencies.” However, as this volume demonstrates, many of the Bangkok Rules have already been implemented on a global level.

  • Foreword

  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp v-vi

  • Summary

    For a long time, the international community has been cooperating to develop common standards on the treatment of offenders. The efforts of the International Penal and Penitentiary Commission (IPPC) in affiliation with the League of Nations, and later the work of the International Penal and Penitentiary Foundation (IPPF), led to the adoption of the first international set of rules in 1955, namely the Standard Minimum Rules for the Treatment of Prisoners (SMR). The adoption of these rules marked a significant step in ensuring a rights-based treatment for those deprived of liberty.

    Over five decades the SMR were regarded as a key reference of generally accepted, good principles underlying the treatment of prisoners and the management of correctional institutions. However, there has been increased international recognition that the specific needs of women were not adequately recognized in the criminal justice system. Across the globe, women prisoners share a common background which shapes their pathways to prison. Many have similar histories of abuse and trauma, and limited access to education and work. Some have a history of substance abuse, mental and/or physical health problems. Without appropriate support and gender-sensitive treatment, women prisoners are at risk of re-victimization while in prison and of reoffending once released.

    The adoption of the “United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders” or the “Bangkok Rules” by the United Nations General Assembly in December 2010 represented a major paradigm shift in the outlook on women's correction facilities. The Rules take into account existing standards and norms including the SMR and the United Nations Standard Minimum Rules on Non-custodial Measures (the Tokyo Rules), while incorporating elements of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.

    Since their adoption, the Bangkok Rules have been promoted and applied in various countries. In the past few years, we have seen efforts being made to improve domestic legislation and practices. Also, many countries have increasingly invested in research and capacity-building activities. Such efforts have broadened our knowledge of the characteristics and backgrounds of women in prison and have increased the visibility of the Bangkok Rules in academia and among practitioners.

  • The design of women's prisons: an architectural perspective on gender-specific needs and realities of female prisoners and main requirements for improvement

  • from Part II - Themes: 2ÈME Partie Thèmes
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 161-174

  • Summary

    INTRODUCTION

    Currently, the architecture of prisons for women does not generally correspond to the needs and characteristics of the female prison population. This situation becomes more apparent in the light of the Bangkok Rules. Nevertheless, there have been remarkable improvements in this field, which, if applied on a large scale, would introduce relevant improvements in women's accommodation conditions.

    This chapter will first provide some background on the architecture of female prisons and on some characteristics of the female prison population (section 2). The Bangkok Rules as they relate to prison design are then described (section 3). Next we explore some of their consequences for the architecture of buildings for women (section 4). Lastly, we weigh up the good and bad practices in the field, in order to identify the main elements in need of improvement (section 5).

    BACKGROUND

    It is quite common in the penitentiary field to hear comments like “we would build the kind of prisons we always build and then we would look to see how to alter it for women”, or “there's a tendency to build male facilities without urinals and call them female facilities”. A prison is stereotypically masculine, so the physical and architectural elements that define it (walls, bars, cells and so on) are typical of buildings intended for men. As a consequence, most women's prisons are designed with these preconceptions. Regardless of whether the architectural program states the particular characteristics that a facility for women must meet, most of the time, the decisions on design are made resorting to solutions and forms that are typical of men's prisons.

    However, the criminological characteristics of female offenders differ from those of male offenders. In general, they have been charged with non-violent crimes, have a record of abuse and addiction, precarious employment and a low level of education. Also, they have low self-esteem, are sentenced to short terms in prison, and most of them are mothers of children aged under 18. Women also show a different reaction to the prison environment: when they are under stress, they tend to be more cooperative rather than competitive, and they suffer emotional distress more frequently than men. These and other characteristics make the behavior of and the risks faced by female prisoners markedly different from those of men. Consequently, architectural solutions need to be different as well.

  • Femmes en prison en France

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 345-372

  • Summary

    INTRODUCTION

    Les femmes constituent une population minoritaire des personnes détenues en établissements pénitentiaires. Elles représentaient ainsi au 1er janvier 2013, 3,3% de la population pénale, soit 2,215 personnes, dont 2,023 condamnées, sur 66,572 personnes détenues. Au 1er janvier 2014, elles étaient 2,001 sur 67,075 personnes détenues, soit 3% de la population pénale.

    Les femmes incarcérées beneficient des mêmes droits et devoirs que les hommes et font l'objet d'un suivi identique par les services pénitentiaires d'insertion et de probation. Elles sont, comme la population pénale masculine, soumises aux règles de la catégorie pénale à laquelle elles appartiennent, à savoir, prévenue ou condamnée. A ce titre, et au 1er janvier 2013, 32% des femmes détenues étaient prévenues.

    Si les femmes relèvent donc de la même réglementation que les hommes, trois dispositions particulières prévues par le code de procédure pénale leur sont toutefois applicables:

  • - Elles sont ainsi détenues dans des établissements ou quartiers distincts de ceux des hommes. Ce sont 59 établissements pénitentiaires sur les 190 existants qui accueillent un public féminin, dont huit établissements situés outre-mer. La plupart d'entre eux sont des maisons d'arrêt, ou des quartiers de maisons d'arrêt. Il existe également quelques centres de detention pour femmes (sept centres de détention en métropole et six en outre-mer) et six centres de semi-liberté situés en métropole. Au sein de ces structures, les femmes peuvent avoir accès, comme les hommes, à un panel d'activités, qu'il s'agisse d'activités socioculturelles et sportives, d'ateliers de travail ou de formation professionnelle. À titre dérogatoire, et sous réserve du maintien du bon ordre et de la sécurité des établissements, il est possible que des activités soient organisées de façon mixte.

  • - Elles sont surveillées par des personnels féminins. Au sein de ces quartiers ou de ces établissements pour femmes, le personnel de surveillance est exclusivement féminin, seuls les personnels gradés pouvant être du sexe opposé.

  • - Même si elles ont le même accès que les hommes détenus aux soins médicaux, les femmes détenues beneficient d'une prise en charge médicale adaptée à leurs besoins specifiques. S'agissant des femmes enceintes, toutes dispositions doivent être prises pour qu'elles jouissent d'un suivi médical adapté et que leur accouchement soit réalisé dans le service hospitalier approprié à leur état de santé. Pour les mères incarcérées, la loi leur donne la possibilité de garder avec elles leurs très jeunes enfants âgés de moins de 18 mois.

  • Women in prison in the Netherlands

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 539-562

  • Summary

    INTRODUCTION

    PRISONS FOR WOMEN

    A decade ago (2004) there were five prisons for women in the Netherlands with a capacity of around 900 cells. At present (2014) there are three prisons for women with a capacity of around 500 cells. The three prisons are called Ter Peel, Nieuwersluis and Zwolle. Ter Peel is both a remand house (125 places) and a prison with normal security (133 places), minimal security (9 places) and limited security (7 places). In this prison a mother-child unit exists with capacity for five mothers with young children. Furthermore, there is a bed-and-breakfast facility where children up to 16 years of age can spend a night and stay with their mothers at the weekend. Nieuwersluis is also both a remand house (154 places) and a prison with normal (48 places) and limited (18 places) security levels. In Nieuwersluis there is a mother-child unit for four women. Zwolle is a remand house (100 places) with special units for women with psychiatric problems (20 places) and units for persistent offenders (32 places).

    Women in prison form around 6% of the total prison population in the Netherlands. In times when the total prison population was substantially smaller than nowadays, the effect was that the prison facilities and provisions for female prisoners were less than for male prisoners. There was almost no possibility for differentiation among female prisoners: there were no prisons tailored for women, and no open prisons existed for women. The situation today is different. Facilities and provisions are equal for both male and female prisoners, although some minor differences still exist, e.g. libraries and gyms in women's prisons are smaller than in men's prisons.

    THE BANGKOK RULES

    In this chapter we deal with some gender-specific characteristics and needs of women in prison against the background of the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, the so-called Bangkok Rules, unanimously adopted by the General Assembly of the United Nations in December 2010. The Bangkok Rules were an initiative by the Thai Government and inspired by the Project on Enhancing Lives of Female Inmates (ELFI) that was initiated by HRH Princess Bajrakitiyabha Mahidol of Thailand.

    The rationale of the Bangkok Rules is twofold:

  • - prisons are designed predominantly by and for men; and

  • Women in prison in South Africa

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 663-696

  • Summary

    INTRODUCTION

    In 2001, South Africa prisons and sentencing expert van Zyl Smit observed that “there has been no systematic study of the imprisonment of women in South Africa or of the regime to which they are subject”. Over a decade later, South African researchers produced just three key contemporary empirical studies that explore the lives and experiences of incarcerated women. None of these specifically focuses on the systematic collection of comprehensive demographic data or the conditions in women's prisons, nor are they nationwide in their scope. The availability of women in prisons data and research on the rest of the African continent does not fare much better. The limitations of accessible and accurate biographical and demographic data on the South African prison population, however, do not only pertain to female prisoners. While the South African prison system is known to take relatively detailed admissions and health data once a prisoner enters the system (cf. registration of inmates, Rule 4 of the Bangkok Rules and the White Paper on Correctional Services), the collation, analysis and dissemination of detailed offender data do not get presented in the annual reports of the Department of Correctional Services (DCS). Despite commitments set out in the DCS White Paper - “the principal strategic document aimed at directing the management and service provision of the department” and the official policy frameworkfor the operations of DCS - to create a national offender population profile system, prisoner demographics are still inadequately presented in key annual and strategic reports of the Department.

    What we do know from official DCS reports is that there are currently 243 correctional services facilities in South Africa. Eight of these are “female-only” facilities and 129 are for men only. Ninety-one (91) facilities have separate sections for female offenders, where women are housed separately from men, something which is required by law. The latest data released by the DCS (2014) show that there are currently 157,170 people in custody, of whom 113,458 have been sentenced and 43,712 are remand detainees. The International Centre for Prison Studies (ICPS) estimates that the official capacity of the prison system is 119,890, meaning that the occupation level of South African prisons is currently 129% over-capacitated. The proportion of sentenced prisoners serving 10 years and more is 48%.

  • European standards relating to non-judicial protection of women in prison

  • from Part II - Themes: 2ÈME Partie Thèmes
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 135-142

  • Summary

    INTRODUCTION

    Besides the European Convention on Human Rights (ECHR), which Lech Paprzycki discusses in his chapter in this volume, two other instruments, also emanating from the Council of Europe, have a bearing on the protection of women deprived of their liberty, whether remanded in custody pending trial or serving a prison sentence: the 1987 European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), and the European Prison Rules in their revised version of 2006.

    Before discussing these instruments, it might be useful - especially for the non- European reader - to briefly explain the political context of their development within the Council of Europe (CoE), to clarify their status in international law and to distinguish them from legislation enacted by the European Union (EU).

    As opposed to the EU, a supranational community with competence to adopt legal norms that, under certain conditions, are directly applicable in its member States, the CoE is an international organisation of the classic type. Founded in 1949 by 10 west European States, it is the Continent's oldest international organisation. Today it is also the largest, comprising 47 States, including the 28 members of the EU as well as the central and east European countries that have joined the organisation since 1990. As it was founded in deliberate opposition to the regimes imposed on Eastern Europe by the Soviet Union in the wake of World War II, the organisation has defined itself from the outset ideologically rather than only geographically.

    To promote the common values as they are reflected in the basic requirements for membership - pluralist democracy, the Rule of Law, and the effective protection of human rights - the CoE has two legal instruments at its disposal: recommendations, and conventions or agreements. Whereas recommendations - adopted by the Committee of Ministers and addressed to the governments of member States - constitute legal instruments of the CoE (such as the recommendation incorporating the European Prison Rules), conventions and agreements (such as the CPT) do not. Although initiated and elaborated within the intergovernmental work program, they are multilateral treaties that derive their legal force solely from the consent - usually expressed through ratification - of those member States wishing to be bound by them. For that reason, they used to be called ‘European Conventions’, not ‘Council of Europe Conventions'.

  • Protection of women in prison in Asia: positive developments, weaknesses, opportunities and threats – perspectives from UNAFEI and its participating countries

  • from Part II - Themes: 2ÈME Partie Thèmes
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 143-152

  • Summary

    INTRODUCTION

    Let me begin by telling you about the United Nations Asia and Far East Institute (UNAFEI). It is a regional institute, established in 1962 by agreement between the United Nations and the Government of Japan. It is the oldest member of the UN Crime Prevention and Criminal Justice Program Network of Institutes (PNI), working with the United Nations Office on Drugs and Crime (UNODC). UNAFEI's aim is to promote the sound development of criminal justice systems and mutual cooperation, mainly in Asia and the Pacific region but also in the rest of the world.

    UNAFEI's main activity is to hold multi-national training courses and seminars for criminal justice officials from mainly developing countries. For over 50 years, nearly 5,000 people from more than 130 countries have participated in the training courses and seminars organized by UNAFEI. Many UNAFEI alumni have played leading roles in the field of criminal justice in their respective countries.

    UNAFEI's 153RD INTERNATIONAL SEMINAR

    As you are aware, historically, the treatment of female offenders had not received much attention because of their relatively small population in comparison with male offenders. However, the population of female offenders is on the rise in many nations, and this has increased the demand to enhance their treatment.

    The offenses committed by females differ from those committed by males in terms of the types of offenses or the motives for committing them. There are many female offenders who have experienced sexual or physical abuse, drug addiction and psychiatric disorders like depression. Interventional elements to reduce offending thoughts and behavior should be used together with rehabilitative elements. In order to do this, the correctional authorities should work closely with multiple agencies, such as public or private medical, health and welfare agencies. In particular, services associated with pregnancy, childbirth and breastfeeding are essential. We must also pay special attention to the impact on the development and welfare of the children of female inmates. Of course, it is crucial that measures to prevent sexual and physical violence against women are taken throughout all stages of treatment.

    The 2010 adoption of the Bangkok Rules by the United Nations General Assembly indicates the international surge in such demands. Due to their biological or psychological differences, female offenders require special consideration of human rights issues, and they need appropriate treatment meeting their needs - both in the institution and in the community.

Women in Prison
  • The Bangkok Rules and Beyond
  • Volume 46
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017
  • Women are a rapidly growing minority in prisons. Prison systems, however, have always been determined by the behaviour of men. The 2010 UN Bangkok Rules form a body of rules that is specifically aimed at the needs of women in prison. Being the first international instrument on this subject, the Bangkok Rules can be considered a milestone. Thus this volume focuses on the topic of women in prison in general, and on the Bangkok Rules in particular. The volume comprises an introductory chapter, seven thematic chapters, and 23 chapters dedicated to individual countries around the world. Themes discussed in these chapters include, among others, the (international) human rights framework applicable to women in prison, statistics and criminological factors relevant to women in prison, and the actual conditions of women in prison worldwide. An extensive collection of expert knowledge, this volume intends to highlight both good practice in the context of women in prison and the many challenges that lie ahead.

  • Women in prison in Argentina

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 177-204

  • Summary

    INTRODUCTION

    Any analysis of the current situation of women in connection with crimes and sentences in the Argentine Republic would not seem very different from the reality of any other Western country. The focus of this chapter will therefore be on what we view as the most relevant aspects of the deprivation of liberty of women in Argentina.

    THE ISSUE FROM A CRIMINAL PERSPECTIVE

    Quantification ofwomen's involvement in crimes

    Since 1990, the Argentine Republic has seen an increase in the number of women engaged in actions that are considered crimes by the criminal law. Even while this statement might reasonably be held to be true, it should also be pointed out that Argentina keeps no records other than those relating to convicted persons and, in an incomplete manner, those of persons - without any distinction based on gender - who have been subject to a Deferred Judgment, similar to the common law concept of probation before sentence. Therefore we cannot speak of women offenders but only of convicted women, thus leaving an uncertain margin of obscure numbers.

    The number of women convicted has increased at approximately the same rate as the total number of convictions over the whole country (men and women). If compared to the historical numbers of convictions for each sex, women's convictions still represent between 5% and 7% of total convictions. The increase in absolute numbers ofwomen's convictions coincides with the increase in the total number of convictions in the country over the last 20 years.

    The above-mentioned obscure numbers are very important in Argentina, since every year, and throughout the whole country, statistics on criminal complaints show very significant values that are well above the rate of natural increase of the population, while convictions do not represent more than 2% to 3% of such complaints. There are devices such as Deferred Judgments which, precisely due to their nature, are not registered as convictions; but regardless of their deficient statistical recording, they do not alter the general impression of impunity resulting from comparing the number of complaints with the number of convictions, for both men and women.

    Characteristics ofwomen's involvement in crimes

    As we learn from international documents, female crimes have changed over the last 50 years.

  • Implementation of the Bangkok Rules in Thai prisons

  • from Part II - Themes: 2ÈME Partie Thèmes
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 153-160

  • Summary

    INTRODUCTION

    It was the first time that Thailand could perform the key role in bringing about international recognition of United Nations standards and norms, i.e. “the United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders”, usually known as “the Bangkok Rules”. Although it is not officially mandatory for countries to implement the Rules, it is expected that ultimately States should conform with the Rules in order to improve prison standards, particularly as to the custody and treatment of their female prisoners. Thailand is obviously one of the nations placing considerable emphasis on these Rules, and it has actively started to work on the implementation process.

    The effective implementation of the Bangkok Rules in Thailand seems particularly complicated, since it is influenced by many factors. This chapter provides a brief analysis of the characteristics of female prisoners in Thailand and discusses what Thailand has done towards implementing the Bangkok Rules in its correctional facilities.

    THAI WOMEN PRISONERS: SOME GENERAL CHARACTERISTICS

    It is worth mentioning that most women prisoners in the Thai prisons seem to be both offenders and victims. In fact, they are victims of the society. This is because research and studies on the characteristics of women prisoners in Thailand have established that the majority of Thai women prisoners committed drug offenses. According to the statistics (see Figure 1), about 82% of the total female prison population committed crimes contrary to the narcotics laws, while only 13% of them were convicted for crimes against property. Among these female property offenders, approximately 32% were likely to be motivated by an underlying drug problem: they committed property crimes in order to earn money to buy drugs. In addition, it was found that nearly 70% of the female drug prisoners, in particular the small-scale drug dealers, developed from being drug users into dealers. These female drug prisoners usually came from the lower socio-economic classes, had family problems, indulged in vices and had limited social opportunities as well.

    Furthermore, studies have shown that some of the female prisoners had been persuaded to commit crimes by their lovers or friends. Some were lured into the business under false pretences. Other women entered the drug business because they believed it was an easy and quick source of income, especially when they were unemployed.

  • Femmes en prison en Italie

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 513-538

  • Summary

    INTRODUCTION

    Comme pour les mineurs, la loi pénitentiaire italienne accorde aussi peu d'attention aux femmes, car les textes qui s'y réfèrent de manière specifique sont peu nombreux. Et non seulement: souvent la femme n'est pas considérée en tant que telle, mais comme mère d'un enfant en bas âge qui partage avec elle le séjour en prison. Ceci dit, il faut par ailleurs souligner que par rapport à la réglementation antérieure - on fait allusion au règlement pénitentiaire de 1931, qui était l'expression d'un état totalitaire - une vision paternaliste de la détenue n'existe plus, ou pour le moins, est plus atténuée: vision à laquelle était liée, par exemple, l'interdiction de fumer, qui ne concernait que les femmes, ainsi que la présence de religieuses oeuvrant dans les quartiers féminins aux côtés des agents de surveillance.

    Ce n'est pas par hasard que les femmes ont été considérées au même titre que les mineurs. Comme ces derniers, les femmes constituent une faible minorité, comme dans les autres Etats d'Europe occidentale: en effet, il ressort d'après les statistiques, en moyenne, la détention féminine dans le continent européen est égale à 4,9% du total de la population détenue. L'Italie, comme nous le verrons mieux par la suite, se situe légèrement en dessous de ce pourcentage.

    Si l'on tient compte du fait que le plus grave problème qui affecte en ce moment le système pénitentiaire italien est celui du surpeuplement des prisons,4 nous pourrions être amenés à penser que les femmes détenues, en étant moins nombreuses, sont à l'abri des préjudices provoqués par ce grave dysfonctionnement. Ceci n'est vrai qu'en partie, car on peut avancer que le manque de mètres carrés dérivant du nombre excessif d'hommes détenus conduit à sacrifier des espaces et de manière générale, des ressources réservées aux femmes. A ce propos, il ne faut pas oublier un détail important: c'est à dire que, dans de nombreux cas, les femmes sont détenues dans des quartiers leurs sont réservés, mais situés au sein de prisons pour hommes.

  • Women in prison in Taiwan

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 749-772

  • Summary

    INTRODUCTION

    A discussion of prison or correction has never been a very popular topic in Taiwan. Society and scholars pay little attention to prisoners, particularly women prisoners, and, as a result, the treatment of women in prison, who are the minority, does not attract the attention of many. Consequently, the legislature responded by enacting many statutes that aim to help prisoner rehabilitation and cater to their needs while in prison. In 2008, the Constitutional Court began to review statutes regulating the care of people while in custody, resulting in the human rights of detainees and prisoners being included under the shield of constitutional protection. Additionally, the correctional authority adopted many policies for female prisoners that were not explicitly required by the relevant statutes, resulting in correctional treatments slightly different from the present statutes. Of significant impact as regards women inmates, the ratification of several international human rights conventions and the implementation ofthose conventions, while not likely to present immediate changes to current policies, statutes and practice, will certainly change the legal framework with respect to female prisoners in the very near future.

    This discussion will explain the correction practices toward the women in Taiwan by examining the international human rights conventions that Taiwan has adopted, the statistics on women in crime, their detention, related statutes, and the face value of the treatments and measures that have been adopted. This examination will show that the conditions of women in prison and detention centers have been significantly improved and, with Taiwan's continued reform of the legal framework regarding female prisoners, will continue to achieve notable improvements comparable to the international human rights standards very soon.

    INTERNATIONAL AND HUMAN RIGHTS FRAMEWORK

    INTERNATIONAL ORGANIZATIONS

    The Republic of China (ROC) had held membership of the United Nations (UN), but lost its seat in 1971 and has not been readmitted since. Moreover, Taiwan has not received recognition as an independent nation by most countries, rendering participation in most international organizations extremely difficult. In spite of those obstacles, Taiwan has managed to gain membership of several international economic organizations, such as the Asia-Pacific Economic Cooperation and the World Trade Organization.

  • Variations and growth in the levels of female imprisonment

  • from Part II - Themes: 2ÈME Partie Thèmes
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 105-118

  • Summary

    INTRODUCTION

    Few would deny that the imprisonment of women is a subject deserving the most careful study and requiring policy decisions that reflect the most diligent consideration of the results of such study. It is also hard to deny that the subject has received insufficient attention, and that decisions and policies concerning women's imprisonment are often inadequate and little more than minor adaptations of those designed to deal with the imprisonment of men. The United Nations Standard Minimum Rules for the Treatment of Prisoners date from 1957 and, as is stated in the Annex to the Bangkok Rules, do not draw sufficient attention to women's particular needs. The Bangkok Rules are a major step for ward in addressing that deficiency.

    A basic requirement when planning improvements in accordance with the Bangkok Rules is to know how many people we are talking about. How many women prisoners are there? Are there significant discrepancies between the levels of female imprisonment in different continents and in different countries? Is the situation static or are there identifiable trends? Until recently there was a lack of statistical information concerning prisoners in general and women prisoners in particular. Most countries know how many people they have in prison, and how many women there are among the total, but they are less likely to know how their level of female imprisonment compares to that of their neighbours, the rest of their continent or the rest of the world.

    There are many reasons why it is useful to know about imprisonment levels in other countries. The ability to make such comparisons enables administrations to think more deeply about their use of imprisonment, and to look to the practice and experience of others to help them understand what policies lead to higher or lower levels.

    This chapter will demonstrate the variations in the levels of female imprisonment around the world - differences between countries, regions and continents; and will draw attention to the changes in the levels of female imprisonment since the turn of the millennium. The official figures that will be reported here are the latest obtained concerning female prison population levels up to the beginning of 2013. As such they update those in the second edition of the World Female Imprisonment List.

  • Protection of women in prison under the European Convention on Human Rights

  • from Part II - Themes: 2ÈME Partie Thèmes
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 119-134

  • Summary

    INTRODUCTION

    With the passage of time the European Convention on Human Rights, has evolved into the most important European treaty protecting the rights of prisoners. While the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of 1987 offers mainly a preventive mechanism, the ECHR provides inmates with the legal measure of addressing various violations of human rights that have occurred in the course of incarceration. Thus far, an individual complaint to the European Court of Human Rights (ECtHR) has been an accessible tool of protection of the rights of prisoners. Unfortunately the latest changes to the Rules of the Court may limit their access to the ECtHR. Inmates are in particularly vulnerable situation, and the new formal requirements for an individual complaint, provided in Rule 47 of the Rules of the Court, can significantly hamper their ability to initiate proceedings before the Court in Strasbourg.

    All inmates, including female inmates, may rely on various provisions of the ECHR. In particular, they may invoke Articles 2, 3, 8 and 12 of the Convention. Typical complaints brought by inmates under the ECHR will be discussed in section 2 of this chapter, with particular emphasis on violations that may concern female inmates. Violations of the gender-specific rights of female prisoners can be the subject of complaints before the ECtHR under the material provisions of the ECHR in conjunction with its Article 14, proclaiming the principle of non-discrimination. Examples of the use of the non-discrimination clause in cases concerning prisoners will be provided in section 3 below. Furthermore, the ECtHR may rely in its judgments on the standards of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and also on other sources of soft international law. Female convicts may invoke the Bangkok Rules, in their individual complaints to the ECtHR, as a supporting argument. The convergence of international standards applied to inmates, and the influence of those standards on the case law of the ECtHR, will be mentioned in section 4 of the chapter.

  • Femmes en prison en Suisse: la situation des femmes prévenues et condamnées

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 723-748

  • Summary

    INTRODUCTION

    Adoptées par l'Assemblée générale des Nations Unies le 21 décembre 2010, les Règles concernant le traitement des femmes détenues et les mesures non privatives de liberté pour les femmes délinquantes (ci-après Règles de Bangkok) ont pour objectif de compléter les règles minima pour le traitement des détenus et celles pour l’élaboration de mesures non privatives de liberté (dites Règles de Tokyo), en promouvant une prise en charge des femmes incarcérées ciblées sur leurs besoins dits #x00AB; specifiques #x00BB;. Ces besoins toutefois ne sont pas toujours respectés, en raison notamment du nombre beaucoup moins important de femmes que d'hommes en détention et d'une vision de la prison qui demeure très centrée sur ces derniers. De plus, ces besoins se heurtent parfois frontalement aux conditions d'existence et à la place réservée à la femme dans la société en général.

    En Suisse, la situation des femmes en détention préventive et en exécution de sanction privative de liberté fait l'objet d'une attention très marginale. La présente contribution se propose de dresser un état des lieux de la situation des femmes majeures en détention, à la lumière des rares documents disponibles en ce domaine et de nos expériences respectives en ce milieu. A cet effet, nous fixerons dans un premier temps le cadre légal entourant la prise en charge des femmes incarcérées en Suisse, avant de restituer les principales données chiffrees y relatives. Nous nous attacherons ensuite à leurs conditions concrètes de détention en les confrontant auxbesoins identifies comme étant specifiques à leur condition par les Règles de Bangkok. Nous soulèverons enfin l'importance des peines alternatives auxquelles elles sont le plus souvent condamnées pour conclure sur les principaux enjeux entourant leurs besoins de réinsertion particuliers.

    CADRE LÉGAL

    La Suisse étant un état fédéraliste, son système pénal est régi par une pluralité de normes, légales et réglementaires, émises à differents échelons territoriaux.

    Le cadre légal se lit d'abord au regard des engagements internationaux et régionaux pris par la Suisse, membre de l'Organisation des Nations Unies depuis 2002 et du Conseil de l'Europe depuis 1963. Plusieurs textes supranationaux sont directement applicables et à ce titre ont caractère contraignant.

  • Women in prison in Poland

  • from Part III - National Reports: 3ÈME Partie Rapports Nationaux
  • Edited by Piet Hein van Kempen, Maartje Krabbe
  • Book:
    Women in Prison
    Published by:
    Intersentia
    Published online:
    25 September 2018
    Print publication:
    20 March 2017, pp 585-612

  • Summary

    INTRODUCTION

    Following political changes in 1989, Poland has evolved into a democratic state based on the rule of law and implementing the principles of social justice. In 1997 new criminal legislation was adopted governing criminal responsibility (the Criminal Code of 1997, hereafter referred to as “the CC”), criminal procedure (the Code of Criminal Procedure of 1997, hereafter referred to as “the CCP”) and the execution of criminal sentences (the Code on Execution of Criminal Sentences, hereafter referred to as “the CECS”). The new criminal legislation, together with the new Constitution of 1997 and the European Convention on Human Rights, ratified shortly after the start of the transition process, have formed the basis for considerable changes in the Polish penitentiary system. Respect for the human rights of inmates became the most important challenge for our correctional facilities. A lot has been done since then to build up the system, complying with various international standards. In 2004 Poland joined the European Union. European funds have increased the opportunities to address various rehabilitation programs for those convicted of offenses. However, the rapid growth of criminality at the beginning of the 21s t century resulted in overcrowding in prisons, which was controlled at the expense of reducing the rehabilitation capacity of correctional facilities.

    INTERNATIONAL AND HUMAN RIGHTS FRAMEWORK

    INTERNATIONAL ORGANIZATIONS

    Poland is a member of the following international organizations: the United Nations (since 1945); the Council of Europe (since 1991); the European Union (since 2004); and the Organization for Security and Cooperation in Europe (since 1973).

    INTERNATIONAL HUMAN RIGHTS TREATIES AND CONVENTIONS THAT SPECIFICALLY CONCERN WOMEN

    Poland is a contracting party to the following international human rights treaties concerning women: UN Convention on the Elimination of All Forms of Discrimination against Women (since 1980); UN Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Woman (since 2003). No reservations have been made to these Conventions. Poland is not a party to the Council of Europe Convention on preventing and combating violence against women and domestic violence, adopted in 2011.

    In addition to binding legal acts, the Polish penitentiary system respects the following non-binding international instruments:

  • - the Standard Minimum Rules for the Treatment of Prisoners adopted in Geneva in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Off enders; and

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