Women in detention. Access to justice

Содержание

Слайд 2

Flow of presentation

Flow of presentation

Слайд 3

UNODC’s comprehensive approach to prison reforms

UNODC’s comprehensive approach to prison reforms

Слайд 4

Flow of presentation

Flow of presentation

Слайд 5

6th UN Congress on the Prevention of Crime & the Treatment

6th UN Congress on the Prevention of Crime & the Treatment

of Offenders , 1980

(a) recognize specific problems of women prisoners
(b programmes and services used as alternatives to imprisonment should be made available to WPs
(c) UN, Govt and NGO hould make continuing efforts to ensure that the woman offender is treated fairly and equally 10 UN Congress on the Prevention of Crime and the Treatment of Offenders- 2000, Vienna .

Слайд 6

UN General Assembly resolution on human rights in the administration of

UN General Assembly resolution on human rights in the administration of

justice, 2003

called for increased attention to be devoted to the issue of women in prison, including the children of women in prison, with a view to identifying the key problems and ways in which they can be addressed.

Слайд 7

The UN GA resolution 61/143 on the intensification of efforts to

The UN GA resolution 61/143 on the intensification of efforts to

eliminate all forms of violence against women, 2006

to review and, where appropriate, revise, amend or abolish all laws, regulations, policies, practices and customs that discriminate against women or have a discriminatory impact on women, and
ensure that provisions of multiple legal systems, where they exist, comply with international human rights obligations, commitments and principles, including the principle of non-discrimination”;

Слайд 8

Flow of presentation

Flow of presentation

Слайд 9

WOMEN IN PRISON Why need to focus Women currently to constitute

WOMEN IN PRISON

Why need to focus
Women currently to constitute

a very small proportion( 3-5 %) of the general prison population worldwide
Their numbers and proportion is increasing
Diversity and seriousness of crime is increasing
Face higher Post-release stigmatization
children of imprisoned parents are at greater risk of future incarceration
Слайд 10

Research indicates that, globally, the majority of women prisoners are mothers.

Research indicates that, globally, the majority of women prisoners are mothers.

Research

shows that when fathers are imprisoned, generally the mother continues to care for the children, but when mothers are imprisoned, family often breaks
Слайд 11

Gender specific challenges in accessing justice Lack of awareness of rights

Gender specific challenges in accessing justice

Lack of awareness of rights
Inability

to read and write may be misused
Language in case of foreign prisoners
High likelihood of having caring responsibilities for their children, families and others;
Gender-specific health-care needs not met
victimization and abandonment by their families.
Слайд 12

Flow of presentation UNODC approach to Prison reforms Journey upto Bangkok

Flow of presentation

UNODC approach to Prison reforms
Journey

upto Bangkok rules in brief
Need to focus on women in Prison
Bangkok rules
Слайд 13

Women offenders and prisoners United Nations Rules for the Treatment of

Women offenders and prisoners

United Nations Rules for the Treatment of Women

Prisoners and Non-custodial Measures for Women Offenders—“the Bangkok Rules” (2010)
Слайд 14

I. Rules of general application II. Rules applicable to special categories

I. Rules of general application
II. Rules applicable to special categories
III.

Non-custodial measures
IV. Research, planning, evaluation and public awareness-raising

Broad framework of Bangkok rules

Слайд 15

I. Rules of general application 1. Basic principle 2. Admission 3.

I. Rules of general application

1. Basic principle
2. Admission
3. Register
4. Allocation
5. Personal

hygiene
6. Health-care services
7. Safety and security
8. Contact with the outside world
9. Institutional personnel and training
Слайд 16

Basic principles Mostly charged minor and non-violent offences and do not

Basic principles

Mostly charged minor and non-violent offences and do not

pose a risk to the public.
Many are imprisoned due to their inability to pay fines/fee.
A large proportion are in need of treatment for mental disabilities or substance dependence,
rather than isolation from society.
Many are victims themselves but are imprisoned due to discriminatory legislation and practices.
Community sanctions and measures would serve the social reintegration requirements of a vast majority much more effectively than imprisonment.
Слайд 17

Basic principle Rule 1 [Supplements rule 6 of the SMR] Address

Basic principle Rule 1

[Supplements rule 6 of the SMR]
Address the

distinctive needs of women prisoners in the application of the Rules. Providing for such needs in order to accomplish substantial gender equality shall not be regarded as discriminatory
Слайд 18

Admission Rule 2 1. Adequate attention shall be paid to the

Admission Rule 2 1.

Adequate attention shall be paid to the admission

procedures for women and children,.
Newly arrived women prisoners shall be provided with facilities to contact their relatives; access to legal advice; information about prison rules and regulations, the prison regime and where to seek help when in need in a language that they understand; and, in the case of foreign nationals, access to consular representatives as well.
Prior to or on admission, women with caretaking responsibilities for children shall be permitted to make arrangements for those children, including the possibility of a reasonable suspension of detention, taking into account the best interests of the children.
Слайд 19

3. Register 3 1. The number and personal details of the

3. Register

3 1. The number and personal details of the children

of a woman being admitted to prison shall be recorded at the time of admission. The records shall include, at least the names of the children, their ages and, if not accompanying the mother, their location and custody or guardianship status.
3.2. All information relating to the children’s identity shall be kept confidential, and the use of such information shall always comply with the requirement to take into account the best interests of the children.
Слайд 20

4. Allocation Women prisoners shall be allocated, to the extent possible,

4. Allocation

Women prisoners shall be allocated, to the extent possible,
to

prisons close to their home or place of social rehabilitation,
taking account of their caretaking responsibilities,
as well as the individual woman’s preference and
the availability of appropriate programmes and services.
Слайд 21

5. Personal hygiene The accommodation of women prisoners shall have facilities

5. Personal hygiene

The accommodation of women prisoners shall have facilities

and materials required to meet women’s specific hygiene needs, including
sanitary towels provided free of charge and
a regular supply of water to be made available for the personal care of children and women,
in particular women involved in cooking and those who are pregnant, breastfeeding or menstruating.
Слайд 22

6. Health-care services a) Medical screening (b) Gender-specific health care (c)

6. Health-care services

a) Medical screening
(b) Gender-specific health care
(c) Mental

health and care
(d) HIV prevention, treatment, care and support
(e) Substance abuse treatment programmes
(f) Suicide and self-harm prevention
(g) Preventive health-care services
Слайд 23

7. Safety and security (a) Searches (b) Discipline and punishment (c)

7. Safety and security

(a) Searches
(b) Discipline and punishment
(c) Instruments of restraint
(d)

Information to and complaints by prisoners; inspections
Слайд 24

7. (a) Searches R 19 -To ensure dignity and respect of

7. (a) Searches R 19 -To ensure dignity and respect of

WPs is protected during personal searches, which shall only be carried out by trained women staff R 20 Alternative screening methods, such as scans, shall be developed to replace strip searches and invasive body searches, in order to avoid the harmful psychological and possible physical impact of invasive body searches. R 21 Demonstrate competence, professionalism and sensitivity when searching both children in prison with their mother and children visiting prisoners.
Слайд 25

(b) Discipline and punishment R 22 Punishment by close confinement or

(b) Discipline and punishment

R 22 Punishment by close confinement or

disciplinary segregation shall not be applied to pregnant women, women with infants and breastfeeding mothers
Rule 23 Disciplinary sanctions for women prisoners shall not include a prohibition of family contact, especially with children

(c) Instruments of restraint

R 24 Instruments of restraint shall never be used on women during labor, during birth and immediately after birth

Слайд 26

(d) Information to and complaints by prisoners; 25 1. WPs who

(d) Information to and complaints by prisoners;

25 1. WPs who

seek immediate protection, support and counseling; Their claims investigated by competent and independent authorities and protection measures shall take into account specifically the risks of retaliation.
2. Victims of sexual abuse, especially if pregnant, to receive appropriate medical advice and counseling with the requisite physical and mental health care, support and legal aid.
3. Monitoring of detention and treatment of WPs; Visiting team or monitoring boards or supervisory bodies to include women members.
Слайд 27

8. Contact with the outside world R 26 WPs contact with

8. Contact with the outside world

R 26 WPs contact with

their families, including their children, and their children’s guardians and legal representatives shall be encouraged and facilitated by all reasonable means.
R 27 Where conjugal visits are allowed, women prisoners shall be able to exercise this right on an equal basis with men.
Rule 28 Visits involving children to be in conducive environment. Visits involving extended contact with children should be encouraged, where possible.
Слайд 28

9. Institutional personnel and training R 29 Capacity-building for staff employed

9. Institutional personnel and training

R 29 Capacity-building for staff employed in

women’s prisons, to address the special social reintegration requirements of WPs & manage rehabilitation facilities.
R 30 clear and sustained commitment at the managerial level to prevent and address gender-based discrimination against women staff.
R 31 Clear policies and regulations on the conduct of prison staff aimed at providing maximum protection
R 32 WP staff to receive equal access to training and all staff to receive training on gender sensitivity and prohibition of discrimination and sexual harassment.
Слайд 29

10. Juvenile female prisoners (JFP) R 36; Ensure protection needs of

10. Juvenile female prisoners (JFP)

R 36; Ensure protection needs of juvenile

female prisoners.
R 37; Ensure equal access to education & vocational training
R 38: Access to age- and gender-specific programmes and services, such as counseling for sexual abuse or violence.
R 39 Pregnant juvenile female prisoners shall receive support and medical care equivalent to that provided for adult female prisoners
Слайд 30

II. Rules applicable to special categories A. Prisoners under sentence 1

II. Rules applicable to special categories

A. Prisoners under sentence
1 Classification

and individualization
2 Prison regime
3. Pregnant women, breastfeeding mothers and mothers with children in prison
4. Foreign nationals
5.Minorities and indigenous peoples
B Prisoners under arrest or awaiting trial
Слайд 31

Prisoners under sentence A. Classification and individualization Rule 40 develop and

Prisoners under sentence

A. Classification and individualization
Rule 40 develop and

implement classification methods addressing the gender-specific needs and circumstances of WPs to ensure appropriate and individualized planning and implementation towards those prisoners’ early rehabilitation, treatment and reintegration into society.
Слайд 32

R 41 Gender-sensitive risk assessment classification shall (a) Take into account

R 41 Gender-sensitive risk assessment classification shall

(a) Take into account the

generally lower risk posed by women prisoners to others, as well as the particularly harmful effects that high-security measures and increased levels of isolation can have on women prisoners;
(b) Enable essential information about women’s backgrounds, such as violence they may have experienced, history of mental disability and substance abuse, as well as parental and other caretaking responsibilities, to be taken into account in the allocation and sentence planning process;
(c) Ensure that women’s sentence plans include rehabilitative programmes and services that match their gender-specific needs;
(d) Ensure that those with mental health-care needs are housed in accommodation which is not restrictive, and at the lowest possible security level, and receive appropriate treatment, rather ation and individualization
Слайд 33

b. Prison regime R 42 1. WPs to have access to

b. Prison regime R 42

1. WPs to have access to

a balanced and comprehensive programme of gender-appropriate activities
2. Flexibility in regime for pregnant women, nursing mothers and women with children. Childcare facilities or arrangements shall be provided in prisons.
3. Provide appropriate programmes for pregnant women, nursing mothers & women with children in prison eg Yoga
4. Provide appropriate services for WPs with psychosocial support needs, esp if subjected to physical, mental or sexual abuse.
Слайд 34

Social relations and aftercare 43 Encourage and facilitate visits to women

Social relations and aftercare

43 Encourage and facilitate visits to women prisoners

to ensure their mental well-being and social reintegration.
44 WPs shall be properly consulted as to who, including which family members, is allowed to visit them.
45 Utilize options such as home leave, open prisons, halfway houses and community-based programmes for women prisoners, to ease their transition and integration , 46 Design and implement comprehensive and gender-specific pre- and post-release reintegration programmes 47 Additional support following release to released WP who need psychological, medical, legal and practical help to ensure their successful social reintegration,
Слайд 35

Pregnant women, breastfeeding mothers and mothers with children in prison Preg

Pregnant women, breastfeeding mothers and mothers with children in prison

Preg

or BF WPs shall receive advice on their health and diet under a programme to be drawn up and monitored by a qualified health practitioner.
Adequate and timely food, a healthy environment and regular exercise opportunities shall be provided free of charge for pregnant women, babies, children and breastfeeding mothers.
WPs shall not be discouraged from breastfeeding their children, unless there are specific health reasons .
The medical and nutritional needs of WPs who have recently given birth, but whose babies are not with them in prison, shall be included in treatment programmes.
Слайд 36

Pregnant women, breastfeeding mothers and mothers with children in prison Rule

Pregnant women, breastfeeding mothers and mothers with children in prison

Rule

49 Decisions to allow children to stay with their mothers in prison shall be based on the best interests of the children. Children in prison with their mothers shall never be treated as prisoners.
Rule 50 shall be provided with the maximum possible opportunities to spend time
Rule 51 a- Children living with their mothers in prison to be provided with health-care services and their development shall be monitored by specialists,
b. The environment provided for such children’s upbringing shall be as close as possible to that of a child outside prison.
Слайд 37

Rule 52 1. Decisions to separated child from mother shall be

Rule 52

1. Decisions to separated child from mother shall be

based on individual assessments and the best interests of the child.
2. The removal of the child from prison shall be undertaken with sensitivity, only when alternative care arrangements for the child have been identified and, in the case of foreign-national prisoners, in consultation with consular officials.
3. After children are separated from their mothers and placed with family or relatives or in other alternative care, WPs to be given the maximum possible opportunity and facilities to meet with their children, when it is in the best interests of the children and when public safety is not compromised.
Слайд 38

4. Foreign nationals 1. Where relevant bilateral or multilateral agreements are

4. Foreign nationals

1. Where relevant bilateral or multilateral agreements are

in place, the transfer of non-resident foreign national WP to their home country, esp if they have children in home country, following the application or informed consent of the woman concerned.
2. Where a child living with a non-resident foreign-national woman prisoner is to be removed from prison, consideration should be given to relocation of the child to its home country, taking into account the best interests of the child and in consultation with the mother.
Слайд 39

5. Minorities and indigenous peoples Rule 54 Recognize that WPs from

5. Minorities and indigenous peoples

Rule 54 Recognize that WPs from

different religious and cultural backgrounds have distinctive needs and may face multiple forms of discrimination in their access to gender- and culture-relevant programmes and services. To provide comprehensive programmes and services that address these needs,
Rule 55 Pre- and post-release services shall be reviewed to ensure that they are appropriate and accessible to indigenous WPs in consultation with the relevant groups.
Слайд 40

B. Prisoners under arrest or awaiting trial Rule 56 Recognize and

B. Prisoners under arrest or awaiting trial

Rule 56 Recognize and

prevent risk of abuse that women face in pretrial detention and adopt appropriate measures in policies and practice to guarantee such women’s safety at this time.
Слайд 41

III. Non Custodial measures 1. Post-sentencing dispositions 2. Pregnant women &

III. Non Custodial measures

1. Post-sentencing dispositions
2. Pregnant women &

women with dependent children
3. Juvenile female offenders
4. Foreign nationals
Слайд 42

Non Custodial measures R 57-Develop pretrial and sentencing alternatives into legal

Non Custodial measures

R 57-Develop pretrial and sentencing alternatives into legal

systems
R 58 Alternative ways of managing women who commit offences, such as diversionary measures and pretrial and sentencing alternatives, shall be implemented wherever appropriate and possible.
R 59 Non-custodial means of protection, eg shelters homes shall be used to protect women who need such protection. Such protective measures shall not be continued against the will of the woman concerned.
Слайд 43

60 Appropriate resources to be made available for alternatives for women

60 Appropriate resources to be made available for alternatives for women

offenders to address the most common problems leading to women’s contact with the criminal justice system. These may include
therapeutic courses and counselling for victims of domestic violence and sexual abuse;
suitable treatment for those with mental disability;
and educational and training programmes to improve employment prospects.
Such programmes shall take account of the need to provide care for children and women-only services.
Слайд 44

Rule 61 Before sentencing Courts to consider mitigating factors such as

Rule 61 Before sentencing Courts to consider mitigating factors such as

lack of criminal history and relative non-severity and nature of the criminal conduct, in the light of women’s caretaking responsibilities and typical backgrounds.
Rule 62 The provision of gender-sensitive, trauma-informed, women-only substance abuse treatment programmes in the community and women’s access to such treatment shall be improved,
Слайд 45

Слайд 46

4. Foreign nationals 66 Maximum effort shall be made to ratify

4. Foreign nationals

66 Maximum effort shall be made to ratify

the
UN Convention against TOC esp protocol to Prevent, Suppress and Punish Trafficking in Persons, esp Women and Children,
to fully implement their provisions so as to provide maximum protection to victims of trafficking in order to avoid secondary victimization of many foreign-national women.
Слайд 47

IV. Research, planning, evaluation & awareness-raising 67 Organize and promote comprehensive,

IV. Research, planning, evaluation & awareness-raising

67 Organize and promote comprehensive, result-oriented

research on
the offences committed by women,
the reasons that trigger women’s confrontation with the criminal justice system,
impact of secondary criminalization and imprisonment on women,
characteristics of women offenders, and
programmes designed to reduce reoffending by women, promote social reintegration needs of women offenders.
Слайд 48

Review and evaluation 69 To review, evaluate and make publicize periodically

Review and evaluation

69 To review, evaluate and make publicize periodically
the trends,
problems

and
factors of offending behavior in women and
the effectiveness social reintegration prog
Prog to reduce the stigmatization and negative impact of those women’s confrontation with the criminal justice system on them.
Слайд 49

Raising public awareness, sharing information and training 70 1. The media

Raising public awareness, sharing information and training

70 1. The media and

the public shall be informed about the reasons that lead to women’s entrapment in the criminal justice system and the most effective ways to respond to it,
Publication and dissemination of research and good practice examples to improve the outcomes and the fairness to women.
Training programmes on the present rules and the results of research shall be developed and implemented for relevant criminal justice officials
- Предыдущая
шире круг
Следующая -
Птицы в живом уголке: попугаи, канарейки, щеглы

Похожие презентации

Форма правления РФ на современном этапе
Перечень физкультурно-спортивных организаций, индивидуальных предпринимателей оказывающих физкультурно-оздоровительные услуги
Институт прав человека и гражданина: общая характеристика. Тема 3
Свод законов Российской империи 1832 г
Россия - Родина моя
Права ребенка. Всемирный день ребенка
Органы, осуществляющие охрану правопорядка и обеспечивающие общественную безопасность
Депутатский мандат
Есть права и у детей
Виды договоров
Государственное управление, как основная функция государственной службы
Судоустройство двух одновременно похожих и разных стран – России и США
Ответственность за участие в несогласованных публичных мероприятиях
Административное право. Лекция №1. Понятие, содержание и основные принципы исполнительной власти
Сравнительное право. (Лекция 1)
Трудовое право
Планирование закупок. Начальная (максимальная цена) контракта
Админастративные штрафы и виды
Конституционное право. Основы конституционного строя
Потребительское право
Новые меры поддержки туристической отрасли
Качество товаров
Практики конструирования образа чужих в СМИ
Субъекты гражданско - правовых отношений
Правомерное поведение, правонарушение и юридическая ответственность
Порядок формирования и состав правительства в зарубежных странах
Цифровизация в социальной сфере
Символы России
Вы можете прислать нам Вашу презентацию и мы опубликуем ее на сайте.
Обратная связь
Для правообладателей
Email: Нажмите что бы посмотреть