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Resolution 1663 (2009)
Women in prison
1. The number
of women in prison in Europe is growing. Despite this increase,
however, women are still only a minority of the prison population.
Prisons are indeed designed with men in mind. Because of this, and because
women prisoners often have lower social and educational levels than
their male counterparts, prisons, prison regimes and prison rehabilitation
and education programmes often do not address the specific needs
of women.
2. Because of the relatively small number of women prisoners
and women on remand, there are fewer prisons which accommodate women
and even fewer places for women in pre-trial detention. This means
that women are imprisoned further away from home, cutting family
ties. In fact, in some European countries, there is only one single-sex
women’s prison, which means that women prisoners may be placed a
long way from their homes and families. This makes it all the more
important that efforts be made by the authorities to alleviate the
impact of imprisonment on the family life of women prisoners.
3. In this context, the Parliamentary Assembly recalls its Recommendation 1469 (2000) on mothers and babies in prison and it invites member
states to fully implement its provisions.
4. The Assembly also considers that, at each re-examination of
the European Prison Rules, the Council of Europe’s expert body,
the Council for Penological Co-operation, should aim to strengthen
existing provisions and add new ones that will encourage member
states to improve conditions for women in prison.
5. Similarly, the Assembly considers that the European Committee
for the Prevention of Torture and Inhuman or Degrading Treatment
or Punishment (CPT) and the Council of Europe’s Commissioner for
Human Rights should pay increased attention to the situation of
women deprived of their liberty in their respective visits and work.
6. In general, the Assembly believes that, when imprisoning a
woman, particularly if she is the sole or main carer of one or several
children, a custodial sentence should only be imposed when the offence
is so serious that only imprisonment can be justified, given the
disruption and emotional costs which may ensue for both the mother
and child(ren). In all cases, prison should be used as a last resort
only if no other options are available and alternative forms of
sentencing, including community service orders or similar and restorative
justice approaches should be considered first, in particular for
non-violent crimes.
7. The Assembly considers that the reform of prisons and criminal
justice policies is necessary to ensure a more humane and effective
application of justice for women. In particular, detention on remand
and custodial sentences should be avoided, whenever possible, for
girls under 18 years of age.
8. With a view to improving the conditions of detention of women
in prison, the Assembly calls on the member states to:
8.1. implement without delay the
provisions of the revised European Prison Rules, noting that Rule
4 states that “prison conditions that infringe prisoners’ human
rights are not justified by lack of resources”;
8.2. collect information on all aspects of imprisonment, make
a gender breakdown of all data and make the statistics publicly
available;
8.3. record the number, ages and location of the prisoner’s
children and the children’s carer immediately upon arrival of the
prisoner at the prison (regardless of whether the prisoner is male
or female) and make such information publicly available;
8.4. ensure that women who are the sole carers of young children
are not imprisoned while awaiting trial, except in circumstances
where there is a real risk of re-offending, of absconding or of
interfering with witnesses. The suspension of the imprisonment sentence
during pregnancy could also be considered;
8.5. ensure that every women’s prison is inspected annually
by an independent inspector, who shall produce a report which shall
be debated in parliament;
8.6. consider setting up weekend prisons specifically for women;
8.7. seek to reduce the number of women sent to prison in view
of the high percentage of women currently in prison who are drug
dependent or have mental health problems;
8.8. ensure that women in prison with disabilities and chronic
illnesses are provided the essential aid and assistance (such as
sign language interpreters, Braille documents, medical care, etc.)
that they may require because of their disability during the pre-trial,
trial and sentence period; and ensure that they are not segregated
from other prisoners in social and educational activities that take
place in prison by arranging appropriate programmes and services
for them.
9. As regards the detention of mothers or pregnant women in prison,
the Assembly calls on the member states to:
9.1. ensure that, whenever there is no possibility of using
alternative measures to remand in custody, pre-trial conditions
are as favourable as possible. In the case of restrictions which
adversely affect the families of prisoners, such as restrictions
on visits and place of detention, prisons must be as flexible as possible;
9.2. ensure that, where mothers are imprisoned, the state authorities
are obliged to inform them of the whereabouts of their children
and reassure them that their children are receiving suitable care
and that they will be able to be reunited with them on release.
It is thought that this could result in more women registering their
children;
9.3. ensure that prison regimes and facilities are flexible
enough to meet the requirements of pregnant women, breast-feeding
mothers and prisoners whose children are with them;
9.4. ensure that, in situations where babies and young children
in prison with their mother have to be separated from her, this
is done gradually, so that the process is as painless and non-threatening
as possible;
9.5. ensure that children staying in prisons with their mothers
are given access to crèches outside the prison, offering them opportunities
for socialisation with other children and alleviating the detrimental social
effects of imprisonment on their personal development;
9.6. ensure that prison authorities are sensitive to the particular
needs of foreign prisoners in relation to language and cultural
differences. Prison authorities should ensure that foreign nationals
are given help in contacting their consular authorities. In particular,
the needs of foreign women whose children are in other countries
must be fully considered and met wherever possible;
9.7. ensure that mothers in custody are placed in prisons within
a reasonable distance and travelling time of their families.
10. As regards the hygiene and health needs of women prisoners,
the Assembly calls on the member states to:
10.1. ensure that prison policies and programmes for women in
the areas of hygiene and health care exist and that they are specifically
tailored to their needs. In particular, hygiene and health-care
needs of pregnant women, breast-feeding mothers, post-natal mothers
and older women should be identified and met;
10.2. ensure that all medical examinations of prisoners (whether
on arrival or at a later stage) are conducted out of the hearing
and – unless the doctor concerned requests otherwise – out of the
sight of prison officers. Furthermore, prisoners should be examined
on an individual basis, not in groups;
10.3. ensure that no means of restraint (such as handcuffs)
are used during medical consultations since such practices infringe
upon the dignity of the prisoners concerned and prohibit the development of
a proper doctor-patient relationship (and are possibly detrimental
to the establishment of an objective medical finding);
10.4. ensure that pregnant prisoners are transferred, at the
appropriate time, to outside hospitals so that babies are not born
in prison. In particular, pregnant women should not be shackled
to or otherwise attached to beds or other items of furniture during
gynecological examinations and/or during and immediately after childbirth.
Other means of meeting security needs can and should be found;
10.5. ensure that women prisoners living with HIV/Aids are given
the specific care, treatment and support that they need;
10.6. ensure that, throughout a prisoner’s sentence, she is
monitored for signs of depression or other mental illness. Particular
attention must be paid to vulnerable groups such as women prisoners
who are more likely to self-harm;
10.7. ensure that further research is done on the types and
prevalence of mental disorders affecting women in prison and that
resources to treat such disorders are made available in every women’s
prison;
10.8. ensure that prison inspectors monitor the provisions made
for women prisoners with a history of drug and alcohol addiction
and that suitable programmes are in place in every women’s prison
with their specific needs in mind.
11. As regards the educational needs of women prisoners, the Assembly
calls on the member states to:
11.1. recognise
the very low levels of literacy and numeracy amongst all prisoners,
including women, and ensure that a minimum of twenty hours’ education
and training per week are available to all women prisoners;
11.2. ensure that crèches inside and outside the prison are
made available to mothers with babies or young children in prison
with them, thereby allowing them to work or take educational classes
if they wish;
11.3. ensure that female juveniles are imprisoned separately
from adult females. However, if this would lead to fewer opportunities
for education, safeguards should be put in place so that juveniles
do not mix with women with serious long-term criminal histories.
12. As regards the organisation of visits for women in prison,
the Assembly encourages member states to:
12.1. ensure that all prisons have visitor centres. Such centres
may be particularly beneficial for young children;
12.2. ensure that special efforts are made to allow the children
of prisoners to visit the prison and that staff are given training
in dealing with visiting children. Any new measures or policies
proposed shall be analysed for the effects they may have on children
visiting the prison and take into account the rights of the child.
Security measures imposed around visits must not be intimidating
to children;
12.3. ensure that prisons provide supervised play areas that
allow children to be looked after while their mother and other visitors
can talk privately during the visit if necessary;
12.4. make conjugal visits available to all prisoners and ensure
that contraceptives are made freely available;
12.5. permit women prisoners, wherever possible, to see their
children aged under 18 outside prison on special occasions such
as birthdays or important religious festivals.
13. As regards the respect of human dignity of women prisoners,
the Assembly calls on the member states to:
13.1. ensure that male prison guards do not hold positions involving
physical contact with female prisoners and do not supervise female
prisoners when they are likely to be in a state of undress;
13.2. put in place safeguards to protect female prisoners from
all forms of abuse including gender-specific abuse, violence or
exploitation from other prisoners or staff within the prison or
during transit;
13.3. ensure that women prisoners have the possibility of lodging
complaints in the event of sexual abuse or violence, be it on the
part of other prisoners, visitors or from staff within the prison
or during transit.
14. As regards the social reintegration of women prisoners, the
Assembly calls on the member states to ensure that the needs of
female prisoners upon release are addressed, such as homelessness, unemployment,
workforce discrimination and regaining custody of children, thereby
reducing the risk of re-offending. If social services have previously
been involved with a prisoner, they shall be informed that the prisoner
is being released and asked to assist in her social reintegration.
The Assembly calls on the member states to develop employment programmes
for women prisoners in order to give them access to work opportunities,
allowing them to contribute to legal social security systems.