NPM overview

Facts and figures

Recommendations

Solitary confinement, isolation

• Review the application of isolation measures from a gender perspective.

Means of coercion

• Review of the application of means of coercion from a gender perspective.

• Incorporate the sex variable in computerised data collection and produce sex-disaggregated data statistics.

Mental healthcare

• Incorporate a gender perspective in psychological assessment protocols and semi-structured interviews to give greater visibility to the differences observed.

• Incorporate a gender perspective in the Suicide Prevention Protocol.

• Ensure accessibility of gender-sensitive psychiatric and psychological care for women in prison.

• Incorporate a gender perspective in the Comprehensive Care Programme for Persons with Mental Health Conditions.

• Ensure training of technical and health personnel on gender identity and sexual orientation, gender-based violence and its effects on physical, psychological and emotional health.

• Ensure a multidisciplinary response with psychiatric, therapeutic and health involvement that assumes that gender-based violence is a serious health problem that affects women and greatly affects their social reintegration.

Violence prevention

• Establish a protocol for prevention, detection, action and care for possible victims of gender-based violence, which regulates the victim's access to the relevant health, psychological and legal care.

Prison information

• Incorporate the variable of Roma minority women in the collection of data and elaborate statistics.

• Ensure that the gender identity of transgender people is correctly reflected in data collection and statistical work.

Pregnant and breastfeeding women

• Draw up a protocol for the care of pregnant women.

Women with children in prison

• Ensure that women in prison in the Canary and Balearic archipelagos, as well as in Ceuta and Melilla, have adequate facilities for serving their sentences with their children under three years of age in prison.

Mental healthcare

• Incorporate a gender perspective in psychological assessment protocols and semi-structured interviews to give greater visibility to the differences observed.

• Incorporate a gender perspective in the Suicide Prevention Protocol.

• Ensure accessibility of gender-sensitive psychiatric and psychological care for women in prison.

• Incorporate a gender perspective in the Comprehensive Care Programme for Persons with Mental Health Conditions.

• Ensure training of technical and health personnel on gender identity and sexual orientation, gender-based violence and its effects on physical, psychological and emotional health.

• Ensure a multidisciplinary response with psychiatric, therapeutic and health involvement that assumes that gender-based violence is a serious health problem that affects women and greatly affects their social reintegration.

Violence prevention

• Establish a protocol for prevention, detection, action and care for possible victims of gender-based violence, which regulates the victim's access to the relevant health, psychological and legal care.

Prison information

• Incorporate the variable of Roma minority women in the collection of data and elaborate statistics.

• Ensure that the gender identity of transgender people is correctly reflected in data collection and statistical work.

Pregnant and breastfeeding women

• Draw up a protocol for the care of pregnant women.

Women with children in prison

• Ensure that women in prison in the Canary and Balearic archipelagos, as well as in Ceuta and Melilla, have adequate facilities for serving their sentences with their children under three years of age in prison.

Detention issues

The Spanish NPM has been carrying out specific gender-focused visits since 2018. The reports carried out by the NPM and its recommendations have had a positive impact in bringing about changes in the situation of women in prison. These include the parliamentary initiative approved in Congress in June 2020, whereby Congress urged the Government to prepare a report on the situation of women in State prisons.

As a result of the visits carried out to date to the prisons run by the State Administration (Secretariat General of Penitentiary Institutions), it was found that discrimination against women is structural, and therefore recommendations were made that are applicable to all prisons, and not only to the prison visited. The NPM requests action protocols that address gender in a cross-cutting manner, but the usual response is that these issues are dealt with on a case-by-case basis, thus preventing a general prison regulation for the rights of women. In particular, the NPM has recommended the creation of an action protocol for health, technical and civil servant staff to guarantee an adequate and protective response to a potential victim of gender-based violence due to physical or sexual aggression in the centre. In 2022, Organic Law 10/2022 on guaranteeing sexual freedom,81 in line with the NPM recommendation, establishes the obligation for prisons to have such a protocol.

Solitary confinement, isolation

a) Legal framework

In Organic Law 1/1979, of 26 September, General Penitentiary Law, there is a detailed regulation of isolation as a sanction (Article 42), as a protective measure (Articles 42 to 45) and as a living regime (Article 10). The system of safeguards is adequate (Articles 76 to 78 on the supervising judge). 

Only women over 18 years of age serve time in prison. The law prohibits the isolation of pregnant women and women up to six months after the termination of pregnancy, nursing mothers and those who have children with them (Article 43). There is no mention of those who require psychosocial support. 

Provision is made for women to request to be protected in cases where there is conflict with other inmates, and they may also be protected even in the absence of an express request (Article 75 of the Prison Rules).

b) The use of solitary confinement, isolation in practice

Isolation cells are similar to the other cells, although they have less furniture, limited belongings and a smaller yard.   

The Administration has an extensive system of control and registration: register, prison file and computerised register.   

In some visits carried out by the NPM, it was noted that women suffer a disproportionately higher percentage of isolation, and for longer periods of time, than men. It was therefore suggested that the application of these standards be reviewed. At the NPM's insistence, the Administration acknowledges this discrimination and cites as reasons the issue of women's mental health and the smaller number of residential departments for women, which is the case in all other prisons. These two issues, instead of being solved by the Administration in a gender-sensitive manner, are precisely the cause of physical and psychological harm due to the application of isolation measures. 

The NPM requested annual data on isolation measures applied in mixed prisons disaggregated by sex, and found that, in 2020, of the 43 mixed prisons, 19 of them applied isolation measures more often to women than to men, and in 2021, the number rose to 21 prisons. Moreover, in both years, the percentage of women is much higher than that of men. Following up on its 2023 Recommendation to review gender-sensitive isolation measures, the NPM continues to request annual sex-disaggregated data and statistics on the application of isolation, and continues to insist on a common culture of gender-sensitive isolation in prisons. 

Use of means of coercion 

a) Legal framework 

Physical restraints are regulated in Article 72 of the Prison Rules. Medical sedation is not regulated in the prison protocols, the criteria of good medical practice are used. The use of physical restraints is regulated.   

In prison, means of restraint are prohibited – and are not used in practice – for pregnant women, during labour, during childbirth and after childbirth.

b) The use of means of coercion in practice

There are systems in place to record the use of coercive means in personal files and other recording media. CCTV recordings are subject to general and specific rules of capture, extraction and preservation.

During some visits carried out by the NPM in 2018 and 2021[1], it was found that, despite being less dangerous and having worse living conditions in prison (exclusion from mental health and drug addiction programmes, spaces, etc.), women were more likely to be subjected to authorised belts and physical force, even those with mental health issues. Therefore, in 2023 the NPM recommended a gender-sensitive review of the application of coercive means. Although this recommendation was accepted by the relevant authorities, it has not yet been implemented. 

The NPM recommended the inclusion of the sex variable in computerised data collection and producing sex-disaggregated data statistics, which was accepted by the Administration. However, five years later, the Administration still has no statistical use of coercive means.

Mental healthcare

Among women in prison, according to information provided by the Spanish Society of Legal Psychiatry, the prevalence rate of psychotic disorders is estimated at 3.9%, major depression at 14.1%, post-traumatic stress disorder at 21.1% and drug abuse at 30% to 60%. In 2020, it is estimated that 4.65% of female inmates in Spanish prisons had SMD [severe mental disorders], while in 2021 this percentage increased by 1.84%, despite the decrease in the total female prison population.82

The initial medical examination includes information on depression at the time of admission, recent suicidal thoughts and previous suicide attempts, mental disorder, bereavement and relationship breakdown. 

There is a lack of awareness of the mental health of women detainees, family members and prison staff, and a failure to regularly assess the mental health needs of women during their imprisonment. 

Mental healthcare is precarious due to the lack of human and structural resources, as well as the fragility of the social and health care network, as stated in the Libro Blanco sobre la atención sanitaria a las personas con trastornos mentales graves en los centros penitenciarios de España  [White Paper on health care for people with serious mental disorders in prisons in Spain].83

During the first gender-specific visit in 2018, the NPM found that the suicide prevention assessment scale and other protocols related to women's mental health lacked a gender perspective and recommended that a gender perspective be included in the psychological assessment protocols and semi-structured interviews to make the differences observed more visible. In view of the fact that the accepted Recommendation was not implemented, the NPM specifically recommended in a 2020 visit to incorporate a gender perspective in the Suicide Prevention Protocol.84 This Recommendation, accepted by the Administration, was implemented in 2022 through Instruction I-9-2022. 

During the visits, it was noted that psychological care is perceived by many of the inmates as scarce and of little use, a fact which the Administration blames on a lack of staff. In view of the fact that this situation is repeated during prison visits, the NPM recommends guaranteeing accessibility to gender-sensitive psychiatric and psychological care for inmates.85

In one prison86 it was found that the proportion of women with psychosocial or intellectual disabilities was very high compared to men. The treatment response discriminated against women, so a recommendation was made to develop a gender-sensitive treatment response to disability, which was accepted by the administration.       

Similarly, there is a general lack of inclusion of women in the Programme of Comprehensive Care for Persons with Mental Health Conditions in 2019 and 2020, despite the higher rate of mental health conditions among women, and the NPM repeatedly recommends non-discriminatory treatment during the visits. In Ceuta prison,87 women detainees are included in the Programme, which has a gender focus, which is identified as a good practice, and the NPM recommends the Administration to incorporate the gender perspective in the Comprehensive Care Programme for Persons with Mental Health Conditions, a recommendation accepted by the Administration, but not yet implemented. 

With regard to gender training, in 2019 the NPM recommended guaranteeing training for technical and health personnel on gender identity and sexual orientation, gender-based violence and its effects on physical, psychological and emotional health, which was accepted by the Administration but not implemented in practice, as is evident from the visits. This Recommendation is currently a legal obligation.88

In all the territory managed by the General Secretariat of Penitentiary Institutions, there is only one women's module, which is in the Psychiatric Penitentiary Hospital of Alicante,89 where the percentage of women in internment is double that of the prisons. The poverty and gender violence suffered by these women throughout their lives is evident. There is no multidisciplinary approach to mental health, and gender violence is not addressed as a health problem, neither in diagnosis nor in intervention. There is no care from a gender perspective, even though it is known that women have been victims of mistreatment and abuse of all kinds, which is why they have hardly any relationship with their families. The NPM made the recommendation to guarantee a multidisciplinary response with psychiatric, therapeutic and health involvement that assumes that gender-based violence is a serious health problem that affects women and affects to a large extent their social reintegration, which is accepted but not implemented. 

In addition, the lack of clinical psychology staff and the lack of psychiatric treatment make it very difficult for women to attend treatment regularly, with a clear predominance of pharmacological therapies. 

Women in Special Situations of Vulnerability

Roma women 
Roma women are over-represented in the prison population. According to information provided by the Spanish Society of Legal Psychiatry, 4 out of 10 Spanish women inmates belong to the Roma ethnic group.89 According to information provided to the NPM by the General Secretariat of Penitentiary Institutions in January 2023, Roma women in prison represent 13.8% of the total Roma prison population.90
In 2019, during the visit to Madrid I prison,91 given the high number of Roma women, in this prison as in others, the NPM recommended that the variable of Roma minority women be included in the collection of data and compilation of statistics. The Recommendation was finally accepted by the Administration, but four years after the visit, the Administration still does not use this information for statistical purposes.
Older women 

In its visits,92 the NPM noted functional limitations resulting from sensory deficits and age-related loss of capacities and recommended that these limitations be assessed and that occupational activities and destinations be adapted accordingly.

LGBTIQ+ women 

There is no official information available on LGBTIQ+ women in prisons. According to press information, prisons under the State Administration, all except those in the Basque Country and Catalonia, hold 79 transgender persons, of whom 22 are transgender women who are either held in all-female prisons or in women's modules within mixed prisons (6 are transgender men living in male facilities).

During its visits, the NPM was able to verify that there are misclassifications of inmates considered transgender, and it is therefore recommended that the gender identity of transgender persons be correctly reflected in data collection and statistics.93 In 2023, a new law on transgender status94 came into force, which will have an impact on prison practice. 

Other Relevant NPM Information on Women in Prison

NPM overview

Facts and Figures

Recommendations

Legal and regulatory framework

The government and legislators should review offences based on gender stereotypes that discriminate against women and incorporate the following measures into the current draft reform of the Criminal Code:

Decriminalise voluntary interruption of pregnancy, in accordance with the rules set out in Article 14 of the Maputo Protocol, i.e. in cases of rape, incest, sexual assault or when the pregnancy endangers the health or life of the woman or the foetus;

Change the criminal definition of drug trafficking and make it a misdemeanour, particularly when women are involved in the transport; 

Bring legislation on prostitution into line with the 1949 United Nations Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, which prohibits forcing people engaged in prostitution to register in a special register and to hold special papers.

The Ministry for the Family, Women and Children and the Ministry of Health and Social Action must, in addition to promoting women and protecting children, combat poverty and strengthen their reproductive health and family planning education programmes in order to reduce and prevent acts of infanticide, thereby helping to reduce the number of women detained for acts of infanticide.

The legislator must, also with reference to the commitment made by the government in the context of the Universal Periodic Review and in view of the large number of women detained on remand, incorporate the following measures into the Code of Criminal Procedure currently being reformed:

Reduce pre-trial detention in criminal cases from an unlimited period to a maximum of two years under the proposed reform of the Penal Code;

Abolish the Assize courts and replace them with criminal divisions at regional court level in order to relieve congestion in the courtroom and bring justice closer to those subject to trial. This has been the case since Law 2016-30 of 24 November 2016 reforming the Criminal Procedure Code, which introduced permanent criminal divisions in the regional courts (art. 221CPP).

Alternatives to detention

Provide alternatives to incarceration for women. These measures already exist and benefit detainees. 

Access to healthcare

Assign doctors, including psychiatrists and gynaecologists, to prisons.

Contact with the outside world

Facilitate family visits and contact with the outside world. They are conducted in accordance with decree 2001-362 of 4 May 2001.

Life in prison: regime and activities 

Set up equipment for vocational training activities 

Provide space for sporting and cultural activities

Recruit social workers and specialised educators 

Mothers with children in prison

If incarceration is unavoidable, provide adequate facilities for mothers and their children (daycare centers, nurseries, play areas for children, baby food and baby clothes, rooms reserved for women with children and sanitary facilities up to standard). 

Set up a socio-educational system for the care and monitoring of minors whose mothers are incarcerated. 

Foreign women

Pay special attention to women detainees of foreign origin. 

Detention Issues

As part of its mission to prevent torture and other ill-treatment, the National Monitoring Centre for Places of Deprivation of Liberty (ONLPL) pays particular attention to so-called vulnerable groups, in particular women detainees. In addition to regular visits to women's prisons and the women's units of mixed prisons in Senegal, the ONLPL has also carried out initiatives1 with partners aimed at fostering respect for the fundamental rights of women detainees.

In general, the ONLPL has observed that women detainees are not being housed in appropriate places, hence the need to make adjustments to their specific needs into account. The fate of women, both adults and minors, remains dependent on the economic and structural difficulties of Senegal's judicial and prison systems. Making places where people are deprived of their liberty more humane requires a whole series of measures that require an appropriate budget and the development of a rational and more humane prison policy that can take into account the particularities and specific needs of women who have been deprived of their liberty.

Separation

The ONLPL's findings revealed that adult women share the same dormitories with underage girls.

Access to healthcare

The ONLPL’s findings revealed the following problems with healthcare for women in prison:

Failure to take the specific situation of women into account due to the lack of specialised staff in prison infirmaries (gynaecologists, midwives); 

The lack of female medical staff in the medical units of the facilities visited;

The prevalence of sexually transmitted diseases, vaginal infections and abdominal pain. This situation is largely due to the lack of hygiene they have to contend with in these places, which are characterised by promiscuity and inadequate sanitary facilities; 

Most of the infirmaries are located in the large detention centre, in the men's section, and are very often difficult for women to access. 

Contact with the outside world

In the course of its prevention work, the ONLPL has observed a loosening of family ties for women in prisons who have been deprived of their liberty. This is particularly critical in the Kédougou region, where the majority of women detainees are of foreign nationality. The administration does its best to re-establish their connections with the outside world, but the women detainees often refuse to cooperate in this effort. However, in the absence of their relatives, the embassies or consulates are informed. 

Women in Special Situations of Vulnerability

Foreign women

Foreign women are treated according to the principle of non-discrimination. As soon as they arrive in prison, the director of the facility reports to the General Directorate of Prison Administration, which is responsible for informing the diplomatic or consular representation. In localities far from Dakar, foreign detainees stated that they do not receive visits from their consular authorities. Foreign detainees are able to receive visits from their families or from organisations such as the ICRC. They are also able to make international calls to maintain family connections. Like their Senegalese counterparts, they can work if they express the need to do so. They are also eligible for sentence adjustment measures under the same criteria as Senegalese detainees.

Mothers with children in prison

In accordance with article 15 of decree 2001-362 of 4 May 2001 relating to procedures for the execution and adjustment of sentences, for two months following childbirth, mothers stay in a separate room from other detainees. When they leave this room, they are placed in airy rooms with their child where they can easily keep an eye on them.

However, nutritional care for breastfeeding mothers and weaning children needs to be improved. It should be recognised, however, that some hospital directors are turning to sponsorship to improve the quality of care for mothers and their children.

Finally, it should be added that only two facilities are exclusively dedicated to women, while the others have special units that are not always suitable for women accompanied by their children.

Alternatives to detention

The percentage of women incarcerated for minor offences is close to a third of the total number of women incarcerated in Senegal. It is therefore extremely important to integrate and apply alternative sentences to women's incarceration. 

Article 30 of the African Charter on the Rights and Welfare of the Child (ACRWC) clearly states the State's obligation to provide special treatment for pregnant or breastfeeding women or women with young children who have been charged with or found guilty of a criminal offence, including the application of penalties other than incarceration. It is therefore imperative that the provisions of the CADBE be applied to them.

At the recent Assises de la Justice au Sénégal conference held in May-June 2024,2 it was proposed that, in the case of pregnant or breastfeeding women or women with young children, the penalty should be deferred until the child is delivered (in the case of pregnancy) or becomes independent. 

Other relevant NPM information on women in prison

Facts and Figures

Recommendations

Legal and policy framework

Adopt a gender-sensitive prison policy with an intercultural and intersectional approach, taking into account historical discrimination and gender stereotypes. 

Modify criminal legislation in order to harmonise the penalties applied to drug offences, specifically law 1340/8810 and its amendments "which represses the illicit trafficking of narcotics and dangerous drugs and other related offences and establishes measures for the prevention and recovery of drug addicts". With this legislation, international trafficking and micro-trafficking now have the same criminal sanction, with a greater impact on women.

Separation

Close women's wards in mixed prisons and bring the women-only prison in line with the basic standards set out in national legislation (Arts. 192, 198, 211-218 and 229 of the Penal Enforcement Code) and with the Bangkok Rules. 

Health

Establish measures for comprehensive healthcare for women, taking into account their biological particularities, in addition to care for women suffering from chronic illnesses, by providing more resources for the transfer of women to hospitals and the inclusion of a medical team for the systematic care of women's health.  

Alternatives to detention

Prioritise the use of alternative measures to imprisonment, establishing a system that facilitates communication between remand judges, the penitentiary system and enforcement judges to control the length of pre-trial detention and to act in the face of degrading conditions experienced by women. The communication provided for in Art. 254 of the Code of Criminal Procedure in accordance with Art. 33 of the Penal Enforcement Code should be applied. 

Detention Issues

In the last thirteen years, the population of women in prison has grown steadily, from 448 in 2011 to 894 in 2019, with a decrease during the pandemic period, when women began to be held in police stations due to the closure of the detention centres. With the reopening of prisons, the number increased again to the 932 women who are in the prison system today.5 
The NPM has been drawing attention to the marked increase in the number of women in prison for drug-related offences. This has led to an increase in the number of women and, consequently, to an increase in overcrowding and deterioration of detention conditions. In the latest data collected by the NPM in August 2023, it was found that drug offences continue to be the main reason why women are incarcerated.

Many of these women in prison for crimes related to drug micro-trafficking have indicated that this illicit activity allows them to cover their food expenses, and they can do it from their homes, where they take care of the children and domestic chores, and some of them are forced to do so by their partners. In the case of foreign women prosecuted for trying to carry drugs to another country in their private parts or stomach, putting their health at risk, known as "mules", as they are detained far from their family and country, they cannot access procedural benefits due to the lack of roots. 

Data show that almost half of the female prison population is being prosecuted for micro-trafficking.6 Hence the urgent need to modify the drug law in a fairer and more equitable way, as the same criminal policy cannot be applied to international drug trafficking and retail drug dealing. If this change were made, it would significantly reduce the number of women in prison, as the current penal framework prevents less burdensome and liberty-respecting measures.

According to the NPM, the moment of arrest and detention in primary detention centres (police stations and police patrol cars) are the critical points of the route of torture and institutional violence. According to data from the 2016 Censo de Mujeres Privadas de Libertad [Census of Women Deprived of Liberty] by the NPM, 35.3% stated that they had been victims of torture and/or ill-treatment at the time of detention by the National Police, the National Anti-Drug Secretariat and the Prosecutor's Office. Also, 10.4% of women in prison stated that they had been victims of torture and ill-treatment during the judicial process (statement, appearances, court hearings and other acts of the judicial procedure); and 20% stated that they had been victims of torture and ill-treatment in penitentiaries.

Separation
29% of incarcerated women are held in male prisons, which are governed and managed by male staff. As they are designed for men, they lack gender-specific infrastructure and facilities. Administration by men also exposes women to various risks of ill-treatment and torture, ranging from lack of awareness to sexual harassment and violence. 

In mixed prisons where women's wards are located, men's needs in prison are highly prioritised over women's needs, a fact that was observed during the monitoring visits in 2022. The spaces for women are minimal; the health area does not have priority specialties such as gynaecologists or paediatricians; and the judicial area is more focused on the care of men. Another relevant fact is that there is no technical criminological body for the women's area and, therefore, women cannot access work and training programmes, and cultural, recreational and educational activities are restricted. 

These findings highlight the lack of a criminal policy with a gender perspective. In this regard, the NPM has repeatedly recommended that women held in male prisons be transferred to women-only prisons. 

The women's ward of the Misiones Regional Penitentiary, originally designed for the sanitary area, does not meet the basic requirements regarding the specific characteristics of women, especially those who are housed with young children. There is no playground for young children. The cells and toilets were designed for male use. Neither the architectural design, nor the distribution of spaces, nor the equipment take them into account, creating a hostile environment and relegating them to a secondary status. In this way, gender differences are reinforced and they become invisible. An example of this is that, despite the efforts made by the Ministry of Justice to separate the management of the women's ward from the prison as a whole, there is still administrative dependence on the men's prison, both for transfers to check-ups and medical consultations and for security and the provision of supplies.7
Body searches

Searches of women in prison are carried out, in most cases, on a preventive basis, every three months or when there is a change of authorities. They are carried out in the early hours of the morning and the prison authorities allow the entry of male staff, supposedly to support the female prison officers. The staff enter with firearms or the searches are generally carried out in a sector or ward looking for prohibited objects.
Despite having a Protocol8 for Inspections and Searches in Penitentiary Centres, the Ministry of Justice does not comply with the procedures established therein. There is no record of the searches, nor are there any details of the prison staff who carry out the searches. The regulation even establishes the obligation to record the searches from start to finish, with GoPro cameras, and the director of the penitentiary centre has the obligation to store the recordings for a period of 2 years. Although the protocol mentions body searches in its general provisions, it only refers to them being conducted by persons of the same sex and does not have a developed procedure. 

Searches of persons visiting family members are systematically carried out on a preventive basis in order to avoid the entry of drugs or other prohibited items. In some of the monitoring carried out by the NPM, situations of searches of adolescent girls have been identified in which, if they were menstruating, they were forced to give up their sanitary towels. Most of the women interviewed reported that sometimes their relatives do not want to visit them because of these situations, which even affect older female relatives who are forced to do squats in order to check if no objects have entered their private parts. Other recurrent complaints during the interviews are the groping by the prison officers who carry out the searches, and verbal abuse. 

None of the penitentiary establishments have scanners or other alternative mechanisms to avoid these humiliating practices. In prisons where children live with their mothers, no special care is taken and searches are carried out in front of the children, thus subjecting them to traumatic situations. Most of the time, personal searches are carried out in order to seize mobile phones. There are no official records of these searches either.

Solitary confinement

Chapter III of the Penal Enforcement Code regulates the rules of conduct of persons deprived of their liberty, their rights, obligations, the procedure for applying sanctions and prohibitions. With regards to isolation as a sanction, the law provides that it may be applied for up to fifteen days for serious offences and up to thirty days for particularly serious offences. The regulation completes a procedure for applying sanctions, establishing the right of the person to appeal the administrative sanction before the enforcement judge, and the judge's decision to be reviewed by a higher court. 

As a safeguard, the rule stipulates that imprisoned women in isolation must be visited daily by a senior staff member and a doctor, and be entitled to two hours of sunshine a day and reading material. In addition, the individual cell must be airy, well-lit and sanitary. 

The law provides that all establishments must have a record book of sanctions, initialled by the enforcement judge. Although the law does not expressly prohibit the isolation of girls, pregnant women, breastfeeding women, women detainees with small children and women with psychosocial disabilities, it states that corporal punishment and disciplinary measures involving inhuman or degrading treatment are prohibited and provides that persons in prison have the right not to be subjected to torture or ill-treatment, nor to be subjected to unnecessary rigour in the application of the law.

Regardless of the provisions of the law, in practice, it has been identified that women in prisonare frequently threatened with isolation and are banned from social visits. Isolations are applied without procedure, in an arbitrary manner, by the prison officers on duty, and no real record is kept of them. Women are unaware of the length of time they must be isolated. The isolation cells are precarious improvised spaces, and most of them do not have toilets, natural and artificial light, beds and sheets. Minimum safeguards are not applied. 

Another of the situations identified is the use of isolation as a preventive measure, alleging that the person is at risk to their life or physical integrity, but there is no official documentation to accredit these extremes. There is also no record of consent, and these isolations can be carried out for long periods of time without safeguards being guaranteed, without contact to the population.

Access to mental healthcare

The NPM has found that the initial medical examination does not include the identification of mental health needs, including post-traumatic stress disorder and risk of suicide and self-harm, and women's mental health needs are not regularly assessed during their incarceration. There is a lack of mental health support and treatment for women in prison and a lack of mental health awareness-raising for women detainees, family members and prison staff. There is no gender-sensitive training for staff working in prisons or women's wards to identify when women may be particularly distressed and to respond to women's needs and refer them to specialist support. 

With regard to the official mental health register (daily report), this classification includes all incarcerated persons who are taking controlled medication, which does not necessarily imply that they have a diagnosis of a psychosocial problem. Some are temporarily medicated, due to difficulties in falling asleep or anxiety, but the majority are related to problematic drug use as the only medication response.

In most prisons, there is no psychiatrist. In some of them there is a psychologist. In order to access the service, prisoners must go directly to the psychology department to request a consultation. However, in practice, as there is an insufficient number of psychology staff to attend to the whole population, the service is limited to producing technical criminological reports for convicted prisoners, and does not provide therapeutic care. 

One of the main challenges in prisons is problematic drug use, and there are no assigned wards, detoxification programmes or psychotherapists. The only response is medication, without rigorous monitoring of the medication. Even in the monitoring, cases of virtual consultation with the psychiatrist have been reported.

Women in Special Situations of Vulnerability

LGBTIQ+ women 

In the penitentiary field, the main challenge is to have an approach model for the LGBTIQ+ population. The current policy does not provide for specific actions, which violates the rights of this group. 

The majority of incarcerated transgender persons are detained in the country's male prisons. In the annual monitoring carried out by the NPM, it has been noted that transgender persons are frequently transferred. According to transgender persons, the reasons for transfers always refer to the fact that the prison management does not want transgender persons in their facilities. Most of the trans persons do not have family support and these permanent rotations of which they are victims due to discrimination put them in a situation of greater vulnerability. 

None of the country's prisons have specific spaces for transgender women. They are placed in improvised spaces, under staircases, or in the quadrangles of the wards, they do not have artificial light, bathroom, water, or beds and have only mattresses. They have to wander all over the prison in order to have access to a toilet in one of the wards, and they have no space to wash themselves. The prison authorities do not allow transgender women to be in women's facilities or in women's wards. They are housed in spaces that are located in the quadrangles of the men's wards, exposed to violence and ill-treatment by male prisoners and prison officers. In such conditions, the logic of subjugation, sex work and discrimination is replicated for the transgender population in order to survive.

Women with disabilities 

The official records of the Ministry of Justice do not have information to identify what type of disability women in prison have. In a census conducted by the NPM among incarcerated women in 2015, it was found that 17.7% of them had a disability, 64% reported having a visual disability, 23% a physical disability, 7% a hearing disability, 4% a psychological disability, and 2% an intellectual disability.

Women with children in prison

For women, the prison system violates the right to exercise parental responsibility when they are mothers. Once in prison, the exercise of parental responsibility for their children is suspended "de facto" and by absolute absence of conditions, while the law determines otherwise. 

The suspension of the duties and rights of mothers should only cease in accordance with the legal precepts, i.e. when there is a definitive conviction related to the violation of the rights of children and adolescents. In other cases, the law establishes precisely the opposite, i.e. the State should ensure that the bond is maintained despite the mother's deprivation of liberty. Currently, the conditions do not exist, nor does the State facilitate the exercise of these rights and duties of mothers with respect to their children.

Other Relevant NPM Information on Women in Prison

NPM overview

Facts and figures

Source: Prison Administration Department, July 2023
 

Recommendations

Contact with the outside world

• CELPL recommends a significant increase in the number of staff coordinating and accompanying the Treffpunkt11 service, so that they can make visits at least every 2 weeks, if not every week for very young children.

• CELPL recommends that the management of the Luxemburg Prison Facilities authorise visits between detainees so that they can receive visits from their child together, regardless of whether the parents are married or in a partnership.

Life in prison: regime and activities 

• CELPL recommends that the management of the Luxemburg Prison Facilities promote and develop the initiative of allowing women to work together with men in the various workshops in order to diversify the range of work available to women. Of course, this argument can also be made the other way around. There is no reason why some men detainees should not be allowed to work in the women's block workshops.

Women with children in prison

• CELPL recommends that the management of the Luxembourg Prison Facilities establish, in consultation with the management of their medical service, guidelines to be applied when a mother is incarcerated with her child and the child falls ill. 

Pregnant women

• Although this is a rare situation, CELPL recommends that the police authorities clarify the procedure in the event of childbirth by an incarcerated woman by including at least the following elements in the service instructions: 

• In the event of childbirth by a detainee, the Grand-Ducal police must stay outside of the delivery room, unless otherwise requested by the medical staff. 

• If the presence of a police officer is deemed essential to guarantee public safety, it is imperative that the officer (preferably just one in the delivery room, although a second may be present outside the door) is female.

• The Ombudsman recommends conducting a case-by-case analysis as soon as it becomes known that there is a pregnant woman in the Luxembourg Prison Facilities.

• They should not be wearing handcuffs or foot shackles, nor should the mother be tied to the delivery bed in any way.

• If the father of the unborn child is also a detainee, the situation must be analysed in advance, on a case-by-case basis, to determine the necessary means of supervision or restraint. The father must be allowed to accompany his partner during childbirth and to hold his newborn baby in his arms. The father must be guaranteed a certain amount of time to welcome their new baby.

Detention Issues

Separation

One of the problems the women's block faces in terms of its constellation is the fact that the incarcerated women generally serve fairly short (< 1 year) or very long (> 20 years) sentences.

This means that there is a great deal of fluctuation in one part of the block’s population and that the other part of the population, on the other hand, is forced to live together for a prolonged period of time. As the women's block is limited in its capacity, there is no possibility of effectively separating detainees when necessary, which causes of a lot of tension.

Body searches

The law of 20 July 2018 on the reform of prison administration contains provisions relating to strip searches of detainees and visitors.

It makes a distinction between simple strip searches (a frisk search or performed using electronic detection equipment), full strip searches (visual inspection of the naked surface of the body, the inside of the mouth and ears, the armpits and between the legs of the detainee) and intimate searches (inspection of body cavities or openings other than those inspected as part of a full strip search, performed by a doctor other than the attending physician).

The law specifies the following principles:

Full body and intimate strip searches are performed out of sight of third parties ;

A detainee's complete clothing can only be removed during these strip searches in a two stage-process;

Simple strip searches are performed by two prison staff members, of whom at least one must be of the same sex as the detainee;

Full and intimate strip searches are performed by at least two prison staff members of the same sex as the detainee; 

Staff members who are required to perform strip searches must undergo special training in this area.12

In addition to these clear and relevant provisions, article 38(6) of the law refers to a Grand-Ducal regulation to determine the procedures for performing strip searches. Even 5 years after the law came into force, this Grand-Ducal regulation does not exist, which creates the risk of arbitrariness and legal uncertainty in an area as sensitive as strip searches.

Solitary confinement, isolation

Article 29 of the Act of 20 July 2018 regulates solitary confinement, which consists of separating the detainees concerned from other detainees and confining them to their cells during the day and night, without prejudice to a programme of adapted activities.

Minors and women who are pregnant, breastfeeding or accompanied by their young children may not be placed in solitary confinement, unless it is in their manifest interest or they are, due to their personality or behaviour, unsuitable for community living. 

A detainee who presents an increased risk of escape, of endangering himself or others through physical or mental violence, or of causing serious disturbance to the security, safety and smooth running of the prison is deemed unfit for community living.

Article 30 of the same law also provides for the possibility of placing detainees in an individual cell, a specially equipped security cell to prevent acts of vandalism, aggression and self-aggression, or in an observation cell with permanent video surveillance of the detainee.

These decisions can be made by the prison Director when a detainee displays behaviour that is likely to endanger their life or physical integrity, or that of other persons, or to seriously and imminently compromise the good order and security of the prison.

Each detainee must be seen without delay either by a doctor or by a nurse who reports to the doctor who must see the detainee within twenty-four hours of their placement.

The duration of the placement is limited to what is strictly necessary. It may not exceed twenty-four hours, unless it is extended due to a reasoned decision by the prison director, for twenty-four hour periods.

Detainees may appeal to the Director of the Prison Administration (DPA) against all decisions taken by the Prison Management. Appeals against decisions by the DPA may be lodged with the Chamber for the Enforcement of Sentences.

They can therefore be placed in prison for their own safety. It should be noted that when a woman is incarcerated with her child at the Luxemburg Prison Facilities, she is isolated from the other detainees. In the past, this has already led to a mother and child being isolated for 10 months.  The cells being used are generally in good condition, but they can be a little too hot in summer.

Use of means of restraint

The restraint methods available, as well as the conditions under which they can be applied, are governed by articles 42 to 45 of the law of 20 July 2018 on the reform of prison administration.13 The use of restraint is recorded.

Access to mental health care

There is no difference in treatment between men and women in terms of mental health care in terms of entry examinations or medical histories. However, women cannot be placed in the psychiatric unit at the Luxemburg Prison Facilities and do not have access to occupational therapy, which is offered to men detainees in certain circumstances[3]. 

Contact with the outside world

CELPL believes that everyone has a right to family life and that parents should be allowed regular visits from their children, if they so wish and if there are no obvious contraindications.

Children’s visits are arranged through an external service called Treffpunkt. It intervenes when both parents are incarcerated or when the non-incarcerated parent does not wish to visit the incarcerated parent with the child. For members of the Treffpunkt service to agree to organise visits with the child, the children must be able to walk. The reason for this rule is that the Treffpunkt escorts do not want to force a small child to walk from outside the prison to the visiting room in the arms of a stranger. They argue that it would be less intrusive and less frightening for a small child if they are walking by themselves, holding the hand of a stranger. Visits organised by the Treffpunkt service at the Luxemburg Prison Facilities only take place once a month for 1 or sometimes 2 hours, regardless of the child's age.

Life in prison: regime and activities

The jobs currently assigned to women detainees is limited to ironing, knitting and occasionally assembly work. Despite this somewhat traditionalist connotation of the duties, it should nevertheless be noted in a positive light that the women's block has a maximum work capacity for 20 to 22 women. In addition, 3 women are assigned to interior chores. The number of workstations available therefore allows the vast majority of women detainees to work. 

Women in Special Situations of Vulnerability

Women with children in prison

The CELPL was faced with the situation of a mother incarcerated with her infant child. When the child fell ill, the medical service at the Luxemburg Prison Facilities was reluctant to take care of the baby because of liability issues. The child developed a high fever during the night and had to wait for the doctor to arrive the next morning before finally being taken to a paediatrician on the outside

Other relevant NPM information on women in prison

NPM overview

Facts and figures

Recommendations

Body searches

It is recommended that the Public Prosecutor's Office carry out an exhaustive, impartial and independent investigation in order to clarify what happened during body searches (which are carried out on visitors) by the Military Police of Public Order and, if necessary, to deduce the responsibility that corresponds in law to the perpetrators of these acts that may engage the international responsibility of the State for torture, cruel, inhuman or degrading treatment. 

Access to healthcare

It is urgently recommended that the National Penitentiary Institute and the Ministry of Health take the necessary measures to stock the pharmacy and provide efficient medical attention to the prison population, with special attention to those suffering from basic illnesses, in accordance with the State's responsibility under national15 and international regulations.

Contact with the outside world

It is recommended that the Commission for the Control of the National Penitentiary System coordinate actions with the authorities of each penitentiary centre at the national level in order to analyse and determine the number of landline telephones in relation to the prison population that are needed to guarantee the right of communication of the prison population, and to take the necessary steps to provide the number of telephones required, observing the differentiated approach in relation to women in prison. The above in compliance with Rule 26 of the Bangkok Rules.

Prison staff

It is recommended that the intervening authorities of the national penitentiary system guarantee the right to life, personal integrity and freedom of expression of persons deprived of liberty, assuming their role as guarantors in their regard; to take action to raise awareness and provide training in human rights to the staff operating in the centre, so that each person is trained not only from a security perspective, but also from the perspective of re-education, rehabilitation and social reintegration, in accordance with the provisions of article 8, paragraph 14 of the Law of the National Penitentiary System.

LGBTIQ+ women

It is recommended that the Commission for the Control of the National Penitentiary System take the necessary administrative measures to implement strategies to combat incidences of violence against LGBTIQ+ persons in prison, as well as to keep a record of these incidents and the investigations of the alleged violations against LGBTIQ+ persons inside the penitentiary, in accordance with the Yogyakarta Principles + 10.

Safeguards

It is recommended that the Judicial Power and the National Penitentiary System continue with the coordinated work spaces in order to guarantee the legal security of imprisoned persons, decongesting the existing judicial backlog in penitentiary centres and working in coordination with other governmental and non-governmental institutions that contribute to the fulfilment of the objectives of the custodial sentence, guaranteeing and respecting judicial guarantees and due process during each judicial or administrative process carried out, in the light of articles 8 and 25 of the American Convention on Human Rights.

Detention Issues

The National Penitentiary System in Honduras has been in a state of emergency for several years, with sudden changes of authorities in the penitentiary administration. On 20 June 2023, in the National Female Penitentiary of Social Adaptation (PNFAS), an unfortunate event occurred in which 46 imprisoned women lost their lives during a violent confrontation between criminal structures. As a consequence of this violent incident, the Military Police of Public Order (PMOP) was appointed as the Intervention Commission of the National Penitentiary System.16 This represents a step backwards in the system and, furthermore, a latent risk for women, as this was the first time military agents intervened specifically in PNFAS and in mixed penitentiary centres. Most of the members of the military police have not received specialised training in penitentiary matters; their academic curriculum has been training for the defence of the sovereignty and territory of the State, which is not appropriate for deployment in the penitentiary system, which is oriented towards the treatment, rehabilitation, re-education and reinsertion of the person deprived of their liberty.

Some situations of particular concern were observed. In addition to the precarious situations that exist in prisons and the lack of prison training of security staff, male officers carry out security functions inside women’s prisons, which represents an imminent danger for women of suffering acts of torture of a sexual, physical or psychological nature.

Separation

In prisons in Honduras, there is no classification by category. Women are not separated according to their legal status (convicted/prosecuted). Although there are modules with this classification, the location of imprisoned women is not based on their legal status, but on security conditions, such as affinity between criminal structures and security measures, and the rest are placed in the few spaces available. A series of judicial resolutions have been issued with the aim of carrying out a true classification and location of women in prison, according to the three categories of minimum, medium and maximum security, but this has not been possible due to difficulties of space and infrastructure at the centre.

Accommodation and food

During the visits carried out, it was observed that women prisoners cook their own food. The prison administration provides the basic inputs for preparation. However, on many occasions the women complained that the rations are not sufficient for all the women, due to the increase in the population. There is also a shortage of cooking utensils, among other aspects that prevent them from receiving quality food, well prepared and served, with sufficient nutritional value to maintain their health.

The housing does not have natural light or adequate ventilation, which means that the women have to control ventilation with additional electrical installations without the safety measures to prevent fires caused by the improper use or recharging of improvised electrical energy installations. In addition to this, there is a lack of maintenance of the building, most of which has roofs in poor condition with water leaks. It is necessary to review the conditions of each penitentiary centre and repair them in order to improve lighting and ventilation conditions.

It has also been observed that in mixed prisons women are held in extremely small spaces. In a space with a capacity of 3 persons, between 10 and 15 women are housed. Cells or rooms intended for night-time isolation should only be occupied by 1 woman prisoner. However, due to overcrowding, the prison administration places 2 women prisoners in the same dormitory. The women's penitentiary is overcrowded and severely concentrated.17

Sanitary services and personal hygiene

According to the information obtained through interviews with women in prisons, it has been found that household cleaning supplies are scarce and that the limitations of family visits restrict the acquisition of this type of supplies, which were previously provided by their families. The women have to buy these supplies at the prison's commissary and the prices are high, which means that many of them cannot afford them. 

Sanitary facilities must be adequate to enable women to meet their needs in a timely, clean and decent manner consistent with human dignity. The shower temperature must be adjusted to the prevailing climate in each region. Access to toilets and the maintenance of minimum standards of hygiene are essential components of a humane environment. In addition, during the visits, it was found that the sanitary facilities do not provide adequate privacy and, due to the lack of supplies, there are inadequate hygienic conditions. It is necessary to improve these sanitary facilities and to adapt them so that women are treated with dignity when they relieve themselves.

Solitary confinement, isolation

The NPM-CONAPREV carried out a visit to the PNFAS Annex Centre at the Second Special Tactical Airborne Infantry Battalion, where 18 women have been held in isolation since June. There are concerns about the application of disciplinary measures prohibiting contact with family members. According to Rule 23 of the Bangkok Rules, a woman's communication with her children or relatives should not be restricted, given that family ties should be prioritised at all times in accordance with the principle of the best interests of the child in order to guarantee the success of progressive rehabilitation treatment and prevent psychological violations that could lead to further harm. 

Prolonged isolation goes against the system of human rights protection. Therefore, the authorities involved in the prison system should seek to address the needs that have led to a woman's aggressive or violent behaviour and intervene and contribute to rehabilitation. 

Due to the exploitation of women in criminal or organised crime structures, women seek to gain a higher rank within the structure in order to stop being used and to be seen with respect, resorting to violent behaviour and criminal leadership. Isolation encourages these behaviours and fosters depression, anxiety, hatred, low self-esteem, among other conditions, in addition to the fact that it is a space that does not have the minimum conditions to house the prison population for a prolonged period of time.

Means of coercion

In its monitoring visits, the NPM-CONAPREV has verified that law enforcement officials assigned to prisons make disproportionate use of coercive means, such as handcuffs, to transport women, as well as inappropriate means of transport (truck-type vehicles). In interviews with women in prison, they reported having been taken to receive medical assistance handcuffed by their hands and, in some cases, even by their feet. Of particular concern to the NPM-CONAPREV is the locking of housing with up to three padlocks, where the keys are managed by the guard and there is not a single member of security at the gate of the housing who can react immediately to any incident, unforeseen circumstance or force majeure.

Safeguards

In order to interrupt patterns of torture and cruel, inhuman and degrading treatment, it is necessary that internal inspection mechanisms, such as the Inspectorate of Prisons and the Human Rights Unit of the National Penitentiary Institute, carry out regular visits to verify the conditions and treatment of women in prison and issue early warnings to prevent human rights violations, without prejudice to external monitoring. In this regard, it is essential that independent mechanisms such as the Judges of Execution, CONADEH, the Special Prosecutor for Human Rights and other bodies with a similar mandate carry out comprehensive monitoring visits independently to verify that the human rights of women in prison are being respected. These bodies should be able to receive and record grievances, complaints about the treatment they receive and protection from reprisals for reporting abuses of power. Therefore, confidentiality should be guaranteed and reports of the inspection carried out by these bodies should be drawn up independently, containing the findings of the inspection.

Disciplinary measures

The national penitentiary system has a Disciplinary Regulation that was published on 12 November 2015 in the Official Gazette, which regulates the principles, rights and duties of incarcerated persons, duties of the administration, competent body to apply sanctions, administrative decision-making bodies, classification of offences, sanctions, guarantees, disciplinary procedures and publication of proceedings. 

Through the many complaints filed by women in prisons, the NPM-CONAPREV has found that due process is not being observed. The most frequently imposed sanctions are isolation and transfer, which are carried out without giving the women the possibility to challenge these sanctions, in contravention of the procedures already established in the aforementioned regulations, which guarantee the principle of legality, necessity and proportionality for the determination of the sanction to be imposed.

Prison life: regime and activities 

Outdoor recreation and exercise

It is common to enter the facilities of the female penitentiary centre and observe the recreational spaces (courts and games areas) completely empty. Women remain locked up (collective solitary confinement). Either for security reasons, they prefer to remain locked up or because the authorities do not allow them to go out or do not promote exercise or sports. However, in the last few weeks, it has been observed that the authorities are allowing the women to go out on the court for a certain period of time and to participate in a dance called "zumba". 

Education

Women in prison report difficulties in accessing educational programmes or making use of the books available in the school. Since the pandemic, participation in common spaces within the centre has been suspended and family members are not allowed to bring books into the centre. 

Work

It has been noted with concern that more than 90% of the population of women in prison are locked up in their modules and that only a small number are engaged in manual work or working in the commissary and raffles, among other small food businesses. According to the processes that must be followed in order to work, the women must submit their application to the prison management and wait for long periods of time to obtain a decision. The prison authority should promote work among women prisoners, applying a gender perspective, taking into account that many of them have children under their care and are the providers in their homes.

Healthcare

On admission to prison, all women should, without delay, be examined by the prison health staff. It would also be advisable that, on arrival at the centre, each woman should be given a leaflet with information on the existence and functioning of the health care service and on basic hygiene measures. Once in prison, women should have access to a medical service at any time, irrespective of the system they are in. It is important that access to medical care is being monitored by the regulatory framework surveillance unit of the Ministry of Health, as women prisoners frequently report that their medical needs are not being met, as well as the management of their chronic illnesses. 

A mechanism for access to medical consultation that is not defined by the housing coordinators should be established. It is important that medical staff carry out housing inspections in order to follow up on their chronically ill patients, identify women who have not had access to visit the centre's clinic, and ensure that they receive the medication they need for their health conditions. 

Healthcare shall be required to be provided by doctors and nurses with specific training in women's health issues, including gynaecology. In addition, certain preventive healthcare measures of particular importance to women, such as breast or cervical cancer screening, should also be offered to women in prison to the same extent as they are available in the outside community.

Women in Special Situations of Vulnerability

Pregnant and breastfeeding women 

Special facilities should be provided in women's facilities for the treatment of pregnant and postpartum women. As far as possible, provision should be made for delivery to take place in a civilian hospital. If the child is born in prison, this fact should not be recorded on the child's birth certificate.

Women with children in prison

According to national legislation, children are allowed to stay with their mother in prison until they are 4 years old. Currently,18 the nursery module houses 6 girls and 16 boys, plus 3 pregnant women. Where mothers are allowed to stay in prison with their child, arrangements should be made to organise a nursery, staffed by qualified staff, where the children will be when they are not being cared for by their mothers.

Other Relevant NPM Information on Women in Prison

NPM overview

Facts and figures

Recommendations

Body searches

• Strip searches must meet the criteria of necessity and proportionality and must be limited.

• The use of a strip search, known as a full search, should be an individualised procedure and the implementation of this measure, which by its very nature is an affront to dignity, should not only be justified in law and in fact, but should also be conducted in conditions that respect the individual. It should only be possible once the inadequacy of a frisk search or the use of electronic detection equipment has been demonstrated.

• A full strip search should not result in a humiliating practice. Humiliating orders, gestures and physical contact constitute a serious infringement on the fundamental rights of detainees. This must be stopped immediately. In addition, when women are strip-searched, they should not be asked to remove their sanitary pads.

• Collective strip searches should be banned.

Access to healthcare

• The specific needs of women should be effectively taken into account, particularly in terms of hygiene and health care, especially gynaecological and mental health care.

Mental health

• Women should receive the same psychiatric care as men and should not be excluded from therapeutic activities and day hospitalisation. Specialised services at the regional level should all be able to admit women.

Contact with the outside world

• Just because it is only a small number of women who are deprived of their liberty, does not justify why they are unevenly distributed geographically, which leads to overcrowding and an infringement on their rights to maintain their family ties. To ensure contact with the outside world, technological means should be provided to compensate for the geographical distance. 

Life in prison: regime and activities

• Women should have equal access to rehabilitation facilities and activities, such as work and vocational training, despite the fact that they are fewer in number than men. They should also have equal access to the different ways in which sentences can be adjusted or enforced.

Women with children in prison

• Any woman assigned to a nursery should be able to accompany her child to consultations or hospital admissions. 

• Women assigned to a nursery should have access to outdoor areas where they can walk and exercise, with or without their child. They should also be offered the opportunity to take part in group, socio-cultural or professional activities. 

Detention issues

Body searches

The Penitentiary Code defines the circumstances and procedures for strip searches. These provisions apply equally to men and women. The only difference is that, when women are searched, the strip searches have to be conducted by female staff.

According to Article R225-3 of the Penitentiary Code, "Detainees may only be searched by officers of their own sex and under conditions that, while guaranteeing effective control, preserve respect for the inherent dignity of the human person". However, the CGLPL has observed that women’s strip searches are sometimes conducted in humiliating conditions. 

According to the CGLPL's thematic report on intimacy, at the risk of being deprived of their liberty22 (2022), "In prison, women are subjected to searches of their sanitary pads or tampons when they menstruate. This was described in detail in one facility: "Disposable sanitary pads are provided for menstruating women: they are asked to throw away their protection (sanitary pad or tampon) when they undress. This humiliating gesture is seen as an invasion of their privacy, with some women adding that the pads they are given are also of very poor quality". The search rooms are sometimes equipped with a stock of sanitary pads for this purpose (as observed in January 2022 during the visit to the MA in Limoges), but this is not always the case, so the detainee then returns to her cell without protection. Aside from this practical detail, just the fact of having to remove sanitary protection in front of an officer undermines the privacy and human dignity of women detainees". It should be noted that the practice of searching sanitary pads and tampons was again observed after the publication of this report.

The CGLPL was also able to observe that women’s strip searches are conducted systematically, particularly on first being admitted to prison, prior to transfer to another prison, when they return from leave, and when they leave for a medical extraction, among other things. 

Non-systematic searches are also conducted in various situations: when returning from a medical or judicial extraction, when they are released, when they leave to go on leave, when they return from the visiting room, before being placed in the disciplinary ward, when they return from a walk.

In a facility that houses radicalised persons or persons likely to be radicalised, a specific search regime has been put in place to compensate for the facility's shortcomings in terms of security. Full strip searches are conducted systematically in the following cases: when leaving and returning from extractions, when returning from visiting rooms. There is also a systematic frisk search when returning from a walk.

Strip searches should be monitored and decisions need to be made about it, but in practice, there is often no way of keeping track of them. 

Access to mental health care

The initial medical examination is usually conducted by a healthcare professional. There is not always a consultation with a psychiatric doctor. Depending on the facility, a nurse from the psychiatric care unit systematically sees all new arrivals, and refers them to a psychiatric doctor if necessary. In other facilities, detainees have to request their first appointment with a psychiatric care nurse.

In a facility that only houses women detainees, the CGLPL noted the following: "The nurse asks the incoming detainee about her psychiatric history and assesses the risk of suicide. Based on our interviews, women often collapse during this evaluation. If the patient's psychological condition seems to be a cause for concern, she is seen by a nurse in charge of psychiatric care or by one of the psychologists."23

According to the findings of the CGLPL in its Opinion on the care of detainees with mental disorders (2019), psychiatric care is not provided in an appropriate manner in prisons, and women suffer because of their lower numbers when it is a mixed facility.

According to a study on mental health in the prison population published in 2023:

"Among the people who took part in the study, two-thirds of men in prison and three-quarters of women released from prison had a psychiatric or substance-related disorder upon leaving prison. 

• Half of those surveyed are affected by a substance-related disorder
• one third of the men and half of the women suffered from mood disorders (including depression)
• one third of the men and half of the women suffered from anxiety disorders
• 10% of the men and one sixth of the women were affected by a psychotic syndrome
• a quarter of the men and half of the women suffered from insomnia.

32.3% of men (and 58.8% of women) are considered to be moderately to severely ill, while the suicide risk is estimated at 27.8% for men (and 59.5% for women), with an estimated high risk of 8.2 and 19.1% respectively".

There is a shortage of psychiatrists and psychologists in French prisons, so the provision of care is inadequate. The CGLPL's reports also show that women have difficulty accessing specialised facilities adapted to their needs in terms of psychiatric care. For women to have equal access to psychiatric care, all specialist services at regional level should be able to admit women, which is not currently the case.

Use of means of restraint

In French prisons, forced care is prohibited. Medical sedation can only take place in a hospital. However, the CGLPL has still seen sedation practices in prisons, although very rarely, and generally on men.

The rules applicable to medical extractions on pregnant women (or women undergoing a gynaecological examination) are as follows: any delivery or gynaecological examination, without exception, must take place without handcuffs or shackles and without the presence of prison staff, in order to guarantee the right to respect for the dignity of women detainees (article 52 of the 2009 Prison Act). From the sixth month of pregnancy, pregnant women must under no circumstances be simultaneously handcuffed and restrained, whatever the nature of the consultation and the circumstances, including during the trip between the facility and the place of consultation. They can only be handcuffed if they are known to be highly dangerous; they can only be restrained during transport and apart from the situations provided for in article 52 of the Prison Act, in exceptional circumstances, if they are known to be highly dangerous and, additionally, as an alternative to being handcuffed.

Women in Special Situations of Vulnerability

Women with children in prison

Women can be incarcerated with their children up to the age of 18 months. In 2019, there were 79 mother-child cells in 31 prisons. Only 5 facilities have five or more mother-child cells, otherwise there are one or two cells, separated from the rest of the prison. This concept is potentially fraught with relationship difficulties for mothers and children, who will be living in de facto isolation for months on end. It can only be very detrimental to the harmonious development of the children who will have to grow up there.

There is also a significant distance from the person's place of residence, which makes it difficult to maintain family ties.

 In November 2023, the long-awaited "Circular on the care of children living with their mothers in detention" was published. In 2013, at the time of the CGLPL's opinion on young children in prison and their detained mothers, this circular was already in preparation. 

As part of its visit to the Bapaume detention centre24 in March 2018, the CGLPL noted that the special needs of mothers with children were not given any particular attention and requests went through the usual channels. 

For example, childcare equipment and baby products are difficult to obtain: it was not possible to obtain a breast pump, and a breast-fed child had to be hospitalised without his mother; it takes a long time to obtain a baby blender, and it took three weeks to change the milk to which the child reacted badly; a pram was provided by the administration after two weeks, even though a personal pram had been authorised in the cloakroom where it was stored. There were also long delays in getting children's personal belongings (games, books, clothes) in.

There were problems with the supply of nappies, milk and baby food: American bandages had to be used as nappies for several days, thanks to the intervention of the health unit.

As far as children's health is concerned, the Maternal and Child health protection service (PMI) usually intervenes once a month. One mother, who had given birth by caesarean section, had not seen a gynaecologist since giving birth in August 2017, and perineal rehabilitation, although prescribed, had not been provided, despite reminders to the healthcare unit. 

Lastly, the detention regime is not designed to accommodate mothers with children. Access to the promenade is only possible in the morning at 8:30 am and to the "green space" - an area located between two detention buildings - from 10:00 am to 11:30 am and from 3:30 pm to 5:30 pm. 

For at least the first six months after birth, mothers are subject to a de facto closed-door regime. They are only allowed contact with another mother with child, if there is one. The regime opens once the child starts walking, or it becomes semi-open a little earlier. In this case, a "nanny" system prevails: other women can look after the child while the mother goes to appointments, for example.

The mother is regularly subjected to full a strip search in the visiting room. They take place in the women's search room, which is not equipped to accommodate a mother with a child. The mother has to place the baby on a simple table while she undresses. She also has to bring a blanket so that the baby is not lying on the furniture. Despite the risk of falling, there is no equipment to hold the child. According to the interviewees, the baby's nappy is regularly taken from them when the mother is being strip-searched. Apart from the legal problem, since the child is not the subject of the strip-search decision, this practice raises the question of respect for the child's dignity. The mother and the child are therefore both subjected to a strip search.

Trans women

Despite developments, the legal framework governing the care of transgender people is uncertain and, in the absence of national guidelines, the prison administration is experiencing difficulties in providing care for transgender people. Although protocols have sometimes been formalised at the local level, they have not been approved by the hierarchical authorities or have fallen into disuse with the departure of their authors.

Furthermore, although some facilities use individual measures to respond to the specific problems of people deprived of their liberty on a case-by-case basis, objects that are considered "feminine" are more often than not inaccessible in "male" prisons.

During their initial training, the most recent classes of prison officers are taught how to deal with this population, but this training is not sufficiently widespread or in-depth. As a result, the sex of the person being strip-searched when being admitted can lead to placement in solitary confinement or in an area reserved for people in vulnerable situations. 

There are major difficulties in dealing with gender transition, and this is compounded by discriminatory or even transphobic comments, as well as strip searches that violate people's dignity and privacy. The prison administration has not issued any instructions on this subject and, in the vast majority of cases, strip searches are carried out by a staff member of the same anatomical sex as the person being searched, irrespective of the sex recorded in the person's civil status or gender identity. In some facilities, it is even carried out by two officers so that a witness can testify to any inappropriate actions on the part of the other officer or the transgender person. All these attacks have harmful consequences for the physical and mental health of the people concerned, including an increased risk of suicide.

Alternatives to detention

Since 2014, conditional release can be granted for family reasons to a convicted person who has less than 4 years of prison left to serve, regardless of the original sentence.

Such release is only granted if the convicted person has parental authority over a child under the age of 10. The child must have their habitual residence with the convicted person. If the convicted person is divorced/separated and only has visiting rights, they cannot benefit from this scheme.

This measure also applies to women who are more than 12 weeks pregnant. It is not granted if there is a risk of recidivism or in the case of a felony (the most serious offence punishable by a prison sentence, e.g. intentional homicide or rape) or misdemeanour (an act prohibited by law and punishable by a fine and/or a prison sentence of less than 10 years) committed against a minor.

Other relevant NPM information on women in prison

Notices published in the Official Journal

On-site checks

Thematic report

NPM Overview

Facts and figures25

Recommendations

Solitary confinement

Plan to vacate and close Módulo B5 del Centro de Atención Integral Vilma Curling Rivera [Module B5 of the Vilma Curling Rivera Comprehensive Care Centre], carrying out a study to determine whether it should be closed, considering that the conditions there give rise to violations of the human rights of the women deprived of their liberty.

Take the necessary administrative measures to establish a specific regulation governing the application of precautionary measures, including isolation, for persons in coercive detention for failure to pay maintenance obligations. 

Older women

To make the necessary arrangements for the construction of the necessary works inside Module B-1 of the CAI Vilma Curling Rivera to guarantee accessibility for elderly women in prison, such as, for example, the construction of ramps to access the individual bedrooms, and from the corridors to the patio and vice versa, as well as the installation of support bars in bathrooms and toilets and the provision of hot water in the showers.

Detention issues

Solitary confinement, isolation

Historically, the only penitentiary establishment exclusively for women, the CAI Vilma Curling Rivera, has maintained a wing that provides greater containment to some women due to their convivial profile or for reasons of protection of their personal integrity. Currently, Module B5 functions as the largest containment unit, which years ago was known as Module F (Maximum Security).

When observing the dormitories in Module B5, the MNPT found poor conditions, with worn, deteriorated and very unhygienic spaces, the same as those found in previous MNPT reports, in 201530 and in 201731 and also by the UN Subcommittee on Prevention of Torture in 2019.32 

Isolation of women for failure to pay maintenance obligations

During a visit in May 2022,33 the MNPT found that, following a quarrel, the Prison Police had placed two women in isolation cells. One of the women in coercive detention for failure to pay maintenance obligations concerned, who was in an isolation cell in Module B4 from 12 to 14 May 2022, presented elements of distress related to her placement in that cell and a deep fear of being placed in a isolation cell again at a later time. Her cell had very poor hygienic conditions, with excrement on the concrete bed, vomit on the floor and dried blood.

The incarcerated person said the following: "while I was there, I lost my way of being", referring to the affliction caused by the isolation and the conditions of isolation, even if only for a few days; "the smells disturbed me for several days", referring to how it affected her after her release and how she continued to perceive them in the following days. She also stated that, because of these conditions, she preferred not to eat at certain mealtimes, nor to bathe, and that, during her stay there, she was not provided with personal items or cleaning supplies to clean the cell. 

Although the Regulations of the National Penitentiary System, from article 352 and subsequent articles, regulate the application of Precautionary and Disciplinary Measures to incarcerated persons, these regulations do not take into consideration the unique needs of persons placed on maintenance, nor the supervisory measures corresponding to the penitentiary authorities themselves, and above all to the judicial authorities.

The MNPT questions which judicial authority is responsible for approving and extending isolation for more than 48 hours, since the use of isolation in a single-person cell is neither provided for nor regulated in the context of coercive detention for failure to pay maintenance obligations. This has been a practice adopted by the prison staff, which even allows us to affirm that the placement of persons in solitary confinement, even more so if it is carried out for an indeterminate period of time and without external supervision, would constitute an illegitimate and irregular practice. 

For the above reasons, the MNPT questioned the use of solitary confinement for women in coercive detention placed in the module for maintenance obligations and recommended taking the necessary administrative measures to establish specific regulations governing the application of precautionary measures, including isolation, for persons in coercive detention for failure to pay maintenance obligations.

Access to mental healthcare

At the CAI Vilma Curling Rivera, an intake interview and an initial interdisciplinary assessment are carried out, which allow the Psychology and Medicine departments to identify situations such as psychopathologies, suicide risk, patterns of self-harming behaviour and other matters for appropriate psychotherapeutic and medical treatment. 

Periodic assessments are carried out in accordance with the sentence, at the request of the centre Management and/or sub-directorate, by referral from psychology or other professional sections, or at the request of institutional and judicial authorities. This is done to determine mental health needs.

The CAI Vilma Curling Rivera has a psychology team and a clinical psychologist, as well as medical and nursing staff who provide mental healthcare. Both psychotherapeutic treatment and medication are provided.

Suicide prevention and mental health campaigns have been implemented. Through the Analysis Councils, Interdisciplinary Councils and Security Councils, the Psychology and Health Section provides information on mental health issues and makes recommendations on the management of women in prison with psychopathologies and their treatment. The Psychology Section has provided training to staff (professional and police) on the National Penitentiary System Protocol on self-harm. Interdisciplinary coordination is carried out to provide care through workshops and talks aimed at the mental health of the prison population.

One of the major limitations in mental healthcare is inter-institutional coordination with the National Psychiatric Hospital and Care Centre for Persons with Mental Illness in Conflict with the Law (CAPEMCOL). On occasions, the psychological and medical criteria of the CAI Vilma Curling Rivera has pointed out the need for possible placement of incarcerated persons in hospitals. However, the staff of these centres often state that they do not have necessary capabilities for the placement of incarcerated persons, and these criteria are unknown. It is important to coordinate meetings with the courts and the Costa Rican Social Security Fund in order to be able to unify an adequate procedure for the respective referrals and comply with them.

Women in Special Situations of Vulnerability

Older women

In its report on its visit to the CAI Vilma Curling Rivera in 2018,34 the MNPT verified that sentenced older women are placed in Module B-1, given that it is the one with the best cohabitation, there is no overcrowding and it applies a model of opportunities. 

Alternatives to Detention

The interdisciplinary team at the CAI Vilma Curling Rivera has the power to recommend to the National Institute of Criminology (INC) the transfer of an incarcerated woman to the level of trust, on the understanding that she has sufficient conditions to complete her sentence outside prison. 

The transfer to a semi-institutional centre is intended to enable the person to gradually integrate into the family and the community. In October 2023, 238 women were placed in the semi-institutional level. There is a specific semi-institutional centre for the care of women, called CASI La Mujer, which cares for 118 women. 

Electronic monitoring with bracelet is granted by the Judges of the Republic, when a person is under indictment or sentenced. The Specialised Unit of Electronic Monitoring of the General Directorate of Social Adaptation is in charge of executing and administering the orders of the judicial offices, which entrust the imposition of electronic monitoring devices. In October 2023, 294 women were being monitored in this way. 

The community level deals with persons who are fully incorporated into the family and community. These are situations ordered by judges or legal institutions. In October 2023, there were 1812 women being monitored in this way. 

In summary, as of October 2023, of the 2276 women accused of some type of crime, only 552 were in prison, representing 24.25%.

NPM Overview

The Argentine Republic is a federal State, and the way in which the OPCAT is implemented reflects this. National Law 26.827 created the National System for the Prevention of Torture (SNPT), governed and coordinated by the National Committee for the Prevention of Torture (CNPT), and composed of Local Mechanisms from the different jurisdictions of the country. In its role as the governing and coordinating body of the SNPT, the CNPT is responsible for responding to and interacting with the UN Subcommittee on Prevention of Torture and other international bodies. For this report, in addition to its own contributions, it coordinated the contributions of the functioning Local Mechanisms that joined the initiative.

Facts and figures

NPM overview

Facts and figures77

Recommendations

Training prison staff 

Implement ongoing training on human rights for prison security officers, managers and staff, with an emphasis on preventing torture and cruel, inhumane or degrading treatment.

Use of means of restraint

Prohibit the use of Tight handcuffs.

Contact with the outside world

In order to sustain social and emotional bonds, it is recommended to enable  women deprived of liberty to receive visits from their children on days when they are not at school, namely Sundays and bank holidays.

Foreign women

With regard to foreign women whose children are not on Cape Verdean territory, it is recommended to enable them to be in contact via video call.

Detention issues

Separation 
There are no prisons exclusively for women in Cabo Verde. However, there is a women’s wing in all of the country's central prisons to ensure they are separated. There have been no instances of women being deprived of their liberty in the regional prisons. Although there are no prisons specifically for women, the Code for the Execution of Enforceable Criminal Penalties (CESPC)80  ensures and guarantees the separation of men and women in the prison environment.

Body searches

Body searches are carried out in accordance with Article 270 of the Code for the Execution of Enforceable Criminal Penalties. Both women inmates and visitors are searched by women prison officers, out of sight of men.  Although the law lays down the conditions under which these searches should take place, women detainees have expressed their discomfort with the procedure, claiming that it is invasive.

Alternative search methods may be used, such as fixed metal detectors or portable instruments. The law also provides for the use of kinotechnical means in the situations described in Article 274 of the CESPC. The law stipulates that all body searches must be recorded in a written document, indicating the date, time and identity of the personnel involved, as well as the outcome. However, in practice, a search report will only be drawn up if a prohibited substance is detected during the search.

Intimate searches or strip searches are prohibited, except in exceptional circumstances, such as when there is reason to suspect that  a visitor is carrying objects whose possession is considered illegal, or that they intend to smuggle  illegal objects into the prison or pass them on to the woman detainee who they are visiting (art. 343, no. 3). An intimate search may only be performed if the visitor has given their consent (art. 343, no. 4).

Solitary confinement, isolation

Article 261 of the CESPC sets out the circumstances and procedures regarding solitary confinement. This practice should only be used in exceptional circumstances, as a last resort, and may not exceed 22 hours per day, nor may it exceed 15 consecutive days. 

The same law also stipulates that a prisoner in solitary confinement must be visited frequently by the prison's medical staff. Persons  with disabilities and women with their children in prison may not be placed in isolation.

Solitary confinement has been used in situations where inmates first enter prison: before being placed in their respective wing and cell, they are held in isolation to allow them to adapt to the prison. 

There are no known instances of discrimination when it comes to placing women in solitary confinement. The isolation cells are in need of maintenance work, as the women's wing is located in an old building and requires upgrading.

The date and time of the person's entry and exit from the isolation cell is recorded.

Access to mental healthcare

The CESPC stipulates in article 186 that on entering prison, a person must undergo a medical examination and receive healthcare immediately, when necessary, and that a record must also be made of any visible injuries or complaints of previous assaults, signs of psychological stress, use of drugs and medication or alcohol, infectious diseases or other diseases that may affect the detainee's activities.

In practice, on entering prison, women undergo an initial multidisciplinary assessment, carried out by a nurse, a general practitioner and a psychiatrist, all of whom are assigned to the prison. The nurse performs the triage and if mental healthcare needs are identified, women are referred for medical attention by a general practitioner and a psychiatrist. The prison where the sample was taken currently employs a resident psychiatrist, who attends to and supports women detainees three times a week. There have been reports of delays when women have requested appointments with mental health professionals outside the prison.

In more serious cases, or in cases where there is reason to suspect that women could pose a danger to themselves or others, they are referred to the hospital’s mental health service. 

The mental health of women deprived of liberty is a priority for both the government health department and the prison management. To this end, awareness-raising activities are carried out, including talks and training for women detainees, security officers and other prison staff. 

The issues of gender and humane treatment in prisons have been addressed as part of the training courses delivered to prison staff. There are also organisations and associations that raise awareness of these issues in relation to women detainees. 

Use of means of restraint

Article 280 of the CESPC states that handcuffs may only be used when other measures are inadequate. The same law stipulates that the clinical services team must be called to carry out an assessment and ensure that measures deemed appropriate for the prisoner's medical condition are taken no later than one hour after the handcuffs have been placed, and if there is a need to keep the prisoner handcuffed.

The law does not clearly stipulate how handcuffs should be placed. However, while being transported, women inmates have claimed that handcuffs are placed on their hands behind their back. This prevents them from resting their hands on some form of structure in order to protect themselves in the event of sudden braking, which could potentially cause physical damage and jeopardise their safety. 

In situations where injuries or bruises occur as a result of handcuffing, security cameras are checked and the incident is recorded.

Contact with the outside world

Article 336 of the CESPC states that children under the age of 16 may not visit a prisoner unless they are children or siblings of the prisoner and are accompanied by an adult.

However, some women inmates have reported difficulties in having contact with their children and family members, as visits take place during school hours. They have also said that the prison management does not allow video calls, either.

Other relevant information from the NPM on women in prison

CNDHC, NPM Activities Report 2021 

CNDHC, NPM Activities Report 2019

CNDHC, Report on the follow-up visit to Sal Central Prison, 2021

CNDHC, Report on the follow-up visit to São Vicente Central Prison, 2021