Women's Rights in Prison

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In many countries, in all regions, the female prison population has increased dramatically over the last ten years. Furthermore, the rate of increase in the number of women prisoners is much greater than that for men.2 Already, in eight countries women comprise more than one in ten prisoners.

The increase in the number of women in prison is, in some countries, primarily due to the increased use of imprisonment to punish offences that were previously punished by non-custodial sentences. This is particularly the case in relation to drug offences and non-violent theft.

Women's offending and imprisonment is closely related to women's poverty. Women are particularly vulnerable to being detained because of their inability to pay fines for petty offences and/or to pay bail. Women on remand constitute a large percentage of the women's prison population in many countries. Women offenders typically come from economically and socially disadvantaged segments of society. Typically, they are young, unemployed, have low levels of education and have dependent children.4 Many have histories of alcohol and substance abuse. A high proportion of women offenders have experienced violence or sexual abuse. At the same time, there tends to be greater stigma attached to women's imprisonment than men's, and women who have been in prison may be ostracized by their families and communities.


The United Nations (UN) Standard Minimum Rules for the Treatment of Prisoners were adopted by the First UN Congress on the Prevention of Crime and the Treatment of Offenders in 1955, and approved by the UN Economic and Social Council in 1957.5 They remain the key point of reference in designing and evaluating prison conditions. Since 1955, the needs and nature of prison populations have altered, and further international guidelines concerning imprisonment have been developed. Two of the most important international standards for imprisonment are the 1988 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and the 1990 Basic Principles for the Treatment of Prisoners,6 both adopted by the UN General Assembly. These instruments, with the Standard Minimum Rules, affirm that all prisoners must be treated with respect for their human dignity with regard to the conditions of their detention. They reinforce the notion that the purpose of imprisonment is rehabilitation of the prisoner. They set down minimum standards for matters such as prisoner classification and discipline, contact with the outside world, healthcare, complaints, work and recreation, and religion and culture. Further provisions have been agreed to address detention of children, namely the 1985 Standard Minimum Rules for the Administration of Juvenile Justice and the 1990 Rules for the Protection of Juveniles Deprived of their Liberty.7 However, these rules and principles contain only a handful of provisions specifically directed to women and girl prisoners. There is growing concern regarding the rights and treatment of women prisoners, at national, regional and international levels. A range of international fora have emphasised the need to review prison systems and the norms and standards regarding imprisonment with women's needs in mind.