NPM Overview

Facts and figures82

Recommendations

Material conditions 

Ensure that the conditions of women-only cells meet the criteria of Mandela Rule 13: All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.83

Access to healthcare 

Strengthen the National Comprehensive Healthcare Policy for People Deprived of Liberty in the Prison System (PNAISP), paying particular attention to Bangkok Rule 5.

Non-custodial measures + Ensure that women’s rights are respected, taking into account the provisions of the Bangkok Rules, including the possibility of suspending a woman's detention with the best interests of their children in mind, as well as the preference for imposing non-custodial sentences on mothers (Rules 2 and 64); those of the Mandela Rules, which emphasise the need to guarantee that children can remain in prison with their detained parent or guardian(Rule 29.1);84 and those of the Tokyo Rules, which establish the importance of allowing children to remain in prison with their parent or guardian to the success of alternatives to detention (Rule 17.1).85

Detention issues

Material conditions

The state of Rondônia has 25 dedicated detention centres for women. These units have different structures and facilities. The Department of Justice is committed to providing better facilities for people deprived of liberty, and although much has already been done in this regard, there is still a long way to go. Most women in prison sleep on mattresses on the floor and the majority of spaces within these facilities are small and poorly ventilated. Nevertheless, these centres do offer work activities, review and writing activities and crocheting, among others, with the main aim being to give inmates some respite and facilitate their re-socialisation. However, despite the progress made, there are still a number of complaints, as reported below:

“Every day here we look at each other, talk to each other, cry with each other, because we have children, our family outside. Not all of them always receive visits. For example, we know we’ve made mistakes, but do you have to leave us in this place where we can’t even breathe properly? We spend the day looking out and thinking, is this ever going to change? That's why I really need to speak out, we have to speak out, because we feel abandoned here, some of us far away from our families, it's sad”.

Access to healthcare

The complications surrounding the provision of healthcare for women deprived of liberty are an ongoing challenge, even when detained in penal establishments dedicated specifically for women. According to the unit's director, during an inspection visit by the LPM, it is a real challenge on a daily basis to deal with women whose lives are “marked by countless vulnerabilities: drug addiction, relations with criminal groups, less frequent visits from family members, LGBTIQ+ women, children, homeless women, victims of domestic violence, recidivism, prostitution, abstinence and withdrawal symptoms”.

According to information from –the State Secretariat of Justice of Rondônia, women detainees have access to initial medical examinations when they are first admitted to prison, including an assessment of their mental health needs, followed by regular follow-up.

All the units visited by the LPM had health teams and a psychosocial team (nurse, psychologist and social worker). The general practitioner worked on specific days in these units. However, it is often difficult to access services and care in all these facilities given that the same team is assigned to both men and women. The team is overwhelmed by at the same team is assigned to both men and women. The team is overwhelmed by excessive demands, which also contributes to illness among male and women staff.

It must be stressed that the overcrowding and structural precariousness of penal establishments is one of the contributing factors to illness. Even the overcrowding of male units has a direct impact on the precariousness of the conditions in which women serve their sentences, as they are relegated to the background and have to shout more to be heard. The majority of women are in spaces attached to male prisons, which tend to receive more attention.

Since the daily lives of women are characterised by anguish and constant tension, tears are often triggered whenever someone comes to the unit to listen to them: “Can I actually talk?”. Sometimes, all these women want is the chance to talk, to speak to someone else rather than just to themselves in their cells.

During the inspections, the LPM collected some rather significant testimonies of the physical and mental illness affecting many women in prison, as shown in the following extract:

"When I arrived here, I'd never taken controlled medication. At first, I couldn't sleep, then I got very nervous, and here it's like this: any reaction you give may lead to disciplinary action, and staying there alone for up to 10 days drives you crazy. You want to die in that place!"

In another example, the LPM interviewed a Bolivian inmate who had been suffering from severe headaches for days. Her CT scan had not been carried out at the time of the inspection, as he had yet to receive a personal identification card from the Brazilian Unified Health System.

Often, the psychological suffering caused by and experienced with family members also becomes a burden that women detainees need to get off their chest. This is an example of how they view the difficulty of seeing each other, of following the life trajectory prison and of envisaging life projects after prison:

"Sometimes I ask myself: will I ever get out of here? Thinking about my children brings too much suffering. Here, I feel more than just trapped; I feel like I'm stuck in time. It feels like my life has come to a halt. I can't see a way out [she falls silent, looks down, stays like that for a while, then lifts up her head and cries]: it feels like I can't take it, I'm going crazy here."

Use of means of restraint

The LPM has looked into a series of violations against women deprived of liberty in hospitals (hospital stays and while being escorted to hospital).

There have been countless complaints about the use of means of restraint in hospitals, including the handcuffing of lactating women in a public hospital in Rondônia. In this regard, the repeated complaints by the Human Rights Commission of the Rondônia Chapter of the Brazilian Bar Association were crucial. In 2017, these reports culminated in the opening of a Civil Inquiry by the Federal Public Prosecutor's Office into the constant chaining of detainees in Porto Velho's public hospitals.

These violations were brought to an end following an MNPCT investigation and an enquiry opened by the Public Prosecutor’s Office. The mechanism also carried out a number of other visits to hospitals accommodating people deprived of their liberty, and SEJUS adapted the use of means of restraint.

The lack of dialogue – a fundamental requirement for dynamic security practices – was the main cause for complaint mentioned by the women in detention, as illustrated below:

"For me, there's a lack of dialogue, and I see it like this: they swear at us a lot and call us names. Motherfuckers, bitches, thugs, sluts, you're no good, you're all crazy - and sometimes we think we're all going to go crazy."

In the units visited by the LPM, it was found that tensions are either heightened or relieved depending on the staff members working that day. Variables such as effective care by staff and communication with women detainees, especially knowing how to approach negative behaviour when providing care, are important in this regard. "Sometimes it feels like we're not people, but are we people?", a woman inmate asked rhetorically.

Women in a special situation of vulnerability

Foreign women

Since the state of Rondônia shares a long border with Bolivia, many Bolivians will often serve sentences in Brazil. It is also worth mentioning that Bolivians detained in the country often struggle to express themselves and understand Portuguese. With all this in mind, the LPM interviewed a Bolivian detaineeduring one of its recent inspections, who gave the following account:

“I'm 38 years old, I'm Bolivian, and I used to live in Cochabamba, Bolivia, with my husband, who is also in prison. I have four children who are now with relatives in Cochabamba. When I was arrested, I was still breastfeeding my newborn son. My husband and I were looking for work here in Brazil, but it didn't work out. When I was arrested, it was sad not knowing anything about my children. Now I know they're with my sister-in-law in Cochabamba. I've had a lot of headaches, sometimes my head feels swollen.”

According to information gathered in conjunction with the Public Defender's Office, Bolivian women prisoners have been able to receive individualised legal support in the jurisdiction in which they are serving their sentence. Most of them are women with minor children and struggle to communicate in Portuguese. However, resolving family issues, such as gaining custody of minors and obtaining civil records, has been the greatest challenge with regard to their legal support.

Other relevant information from the LPM on women in prison

Facts and figures88

Recommendations

Prison information

Publish official data on Rio de Janeiro's prison and socio-educational system on its website, as well as semi-annual statistical analyses including information on race, education, age, people with disabilities, gender and LGBTQIAP+ people, in compliance with the Access to Information Law.

Nutrition

Set up a committee to draw up a State Policy on Food Security in Prisons, in consultation and jointly with experts, such as the National Council for Food and Nutrition Security, in order to ensure that foods without sufficient nutritional value are no longer provided and to prevent inadequate food preparation and preservation. To this end, there will be a particular emphasis on immediately abolishing prolonged forced fasting.

Solitary confinement, isolation

Amend legislation that permits cellular isolation for more than 30 days, including the end of the Differentiated Disciplinary Regime5

Contact with the outside world

Re-evaluate the ruling that prevents former detainees from visiting prisons, considering the disproportionate impact that this has on women in particular, especially on LGBTQIAP+ women.

Non-custodial measures

Apply alternative sentences to women who have been convicted and forbid pre-trial detention, especially for women belonging to particularly vulnerable groups, such as pregnant women, women who have recently given birth, mothers who are responsible for caring for their children, elderly women, people with disabilities and LGBTQIAP+ women.

LGBTQIAP+ population

Expressly prohibit the practice of separating LGBTQIAP+ couples or punishing them for displays of affection

Authorise the possession of items and clothing that are in keeping with their selfdeclared gender for transvestites, trans women and trans men.

Effectively implement the National Comprehensive Health Policy for Lesbians, Gays, Bisexuals, Transvestites and Transsexuals (Política Nacional de Saúde Integral LGBT)6 for the LGBTQIAP+ population deprived of their liberty.

Detention issues

Body searches

All prison units in Rio de Janeiro had long carried out body searches on family members, at least until 2015. During these searches, family members were taken to certain rooms and forced to undress and crouch down over a mirror several times, a ritual that was only made worse by the constant practice of other forms of psychological torture, such as name-calling, humiliation and other extremely serious human rights violations. Following an extensive struggle by civil society and other institutions, state laws no. 7.010 and 7.011 were passed in 2015, preventing the adoption of this practice in the state's penal and socio-educational establishments. This change only came about after the State Legislative Assembly granted funds for the purchase of body scanners, which ensured that the Secretariat for Prison Administration (SEAP) only had to guarantee that such equipment be maintained for unpleasant body searches to be suspended.

However, despite efforts to ensure that the SEAP is solely responsible for keeping the scanners in operation and prison staff trained, unfortunately, MEPCT/RJ still receives complaints about this practice, albeit occasional. Since 2016, there have still been reports of family members being strip-searched in the following units: Evaristo de Moraes Prison, Talavera Bruce Penitentiary, Benjamin de Moraes Penal Institute and Pedro Melo Public Prison.

Nevertheless, detainees continue to be subjected to unpleasant and degrading body searches. During a MEPCT/RJ visit to the Santo Expedito Penal Institute in November 2021, a number of instances of torture were reported, including unpleasant body searches. A few days earlier, inmates had initiated a hunger strike, with general body searches being performed as a repressive response, for which 11 inmates were chosen at random, taken to a room in the unit and beaten by six criminal police officers, one after another, from the Special Operations Service (SOE). Following the violence, the detainees told MEPCT/RJ that they had been handcuffed in a crab position, ready to be escorted, kicked and thrown onto the floor. Of the 11 inmates searched, one had a motor disability, as observed. Meanwhile, the GIT operation report was just as disturbing given the disproportionate use of elastomer bullets and instances of other forms of physical aggression. According to reports, the events that unfolded on that particular day were the culmination of all the violence suffered in the unit since its inauguration, including a lack of access to water; a lack of food; verbal and physical violence on the part of some prison officers; the separation of lesbian couples; the excessive use of punishment in isolation; and reports of unpleasant body searches subjecting detainees to acts comparable to sexual violence, such as requests to pull open their anuses and vaginas.

Prison staff were visibly stressed and overworked, reporting their inadequate working conditions and the constantly tense prison environment themselves, as well as their awareness of the fact that the unit was close to breaking point. On returning to the unit, detainees reported that one of the main problems with visits is that as soon as the visit is over, they are forced to undergo an unpleasant body search in front of each other, which is particularly distressing considering both trans men and women also go through the same procedure together. They also said that if they objected or complained about the procedure, their family visits would be suspended and their family members’ visitor permits revoked.

On a visit to the Talavera Bruce women's penitentiary in March 2019, MEPCT/RJ found that unpleasant body searches were still being carried out within the unit. These searches were performed on women detainees on a daily basis, including on sick women inmates, who, according to reports, asked for an exemption d from body searches because they could not physically bear the procedure. The women detainees reported that they were still forced to strip naked in front of everyone, describing the deep humiliation that they felt as a result of this practice. MEPCT/RJ believes that according to international standards, this practice is equivalent to men in Prison: Analysis from the Local Preventive Mechanism | Rio de Janeiro sexual violence, and thus, constitutes a form of torture.

Access to mental healthcare

MEPCT/RJ recognises the important step taken by the National Council of Justice in adopting Resolution No. 487/2023, which aims to guarantee the effective application of the Psychiatric Reform Law by establishing guidelines to abolish asylums for people deprived of liberty in Brazil.

It is also worth mentioning Interministerial Directive No. 210/2014, which established the National Policy for the Care of Women Deprived of Liberty and Returning from the Prison System (PNAMPE), issued by the Ministry of Justice and the Secretariat for Women's Policies, which addresses core issues related to guaranteeing access to healthcare for women deprived of liberty, such as prevention of all types of violence against women and mandatory full access to the right to healthcare and mental health care, among others.

With regard to mental health and the prevention of suicide and self-harm specifically, women who are particularly vulnerable (separated from their children, suffering from mental health problems, survivors of gender-based violence, etc.) should have access to comprehensive preventive treatment, and it is essential that the team working with women in detention is able to identify these risks, including the periods of greatest psychological stress (e.g. upon separation, the first month of imprisonment, etc.), and seek training so that other people deprived of liberty can support and identify those who are experiencing a period of greater risk.

During a follow-up visit to the Santo Expedito Penal Institute (SEAP-ISE),90 MEPCT/RJ found that two women were in a worrying state of mental health. MEPCT/RJ interviewed two women detainees who had recently been transferred from the Maternal and Child Unit (UMI). These women had been held in custody for 15 days, were extremely fragile and severely depressed after being separated from their children, and had not been offered any psychological support during this process. There was a high risk of suicide, with previous suicide attempts and instances of self-harm reported to MEPCT/RJ. The MEPCT/RJ also noted that one of these two women had injury marks all over her body, and during the interview she gave the following statement: "I'm cutting myself to see if I can make it stop hurting". However, despite asking for help, neither of these two women were attended to by the clinic.

MEPCT/RJ took these cases to the unit's management in order to request that these two women be transferred to their destination units as soon as possible, so that they could receive family visits. Since the Maternal and Child Unit is intended exclusively for pregnant women, women who have recently given birth and lactating women, once their child has reached the age of 6 months (as recommended by the Criminal Enforcement Law), these women are transferred to the most suitable unit for their profile. In this particular case, these women were held in custody in this very unit– which is next to the Maternal and Child Unit – awaiting transfer.

This situation also revealed the lack of support and special care for women in prison who find themselves in a state of extreme emotional fragility, given the extremely traumatic experience of being separated from their babies. Since our last visit to the Maternal and Child Unit, we have been emphasising the fact that separating a mother from her child is an extremely painful process. This measure is strictly forbidden by international organisations, as the MEPCT/RJ stated in its 2022 thematic reports "Being put in your place as a detainee: human rights violations of girls and women deprived of liberty in Rio de Janeiro", as well as in the 2023 report on the National Mechanism's mission in the state of Rio de Janeiro.91 It is therefore essential to extend the Legal Framework for Early Childhood, in order to ensure that this particular form of violence, which dates back to the time of slavery, is no longer carried out today.

The Legal Framework for Early Childhood is regulated by Law 13.257 of 2016, which establishes principles and guidelines for the formulation and implementation of public policies for early childhood. The framework also amends Article 318 of the Penal Code, providing for cases in which pre-trial detention may be replaced by house arrest for pregnant women, women with children up to 12 years of age, and men who are solely responsible for the care of their children up to 12 (twelve) years of age.

However, beyond the application of this regulatory framework, which requires a joint effort from the justice system and the legislature, MEPCT/RJ recognises the severity of the process of separating women detainees from their children given the intense psychological suffering caused and the potential risk to their physical integrity, unequivocally regarding such practice as a form of torture. As such, the MEPCT/RJ recommends, as a minimum and emergency measure, that the SEAP swiftly transfer these women deprived of liberty from the Maternal and Child Unit to their destination unit, so that they can receive visitors again as soon as possible. The MEPCT/RJ has also recommended that the prison administration make a concerted to facilitate social visits during the postpartum period, in addition to greater psychological care, particularly during the initial post-separation period.

Sexual violence

One weekend in October 2021, MEPCT/RJ witnessed an instance of rape at José Frederico Marques Public Prison, a crime committed by a prison officer against a women inmate who had recently entered prison. At the time, José Frederico Marques Public Prison was a mixed unit, a format that MEPCT/RJ had already pointed out as concerning during other visits. From October 2017 to 2021, MEPCT/RJ visited the unit on five separate occasions, and the respective reports always attested to the illegality and potential impacts of this format. This situation must be mentioned, as it attests to the incessant previous warnings made by MEPCT/RJ to SEAP since the unit changed its gender profile.

The reported rape case above refers to an instance of sexual violence that took place when a woman detainee first entered the unit. According to the reports gathered, the rape victim entered the unit and was greeted in the sorting area by a male professional. The male prison officer chose not to follow the protocol adopted for when a woman inmate first arrives in this area, which is to request that a woman prison officer present in the unit carry out all the sorting procedures, including a body search. Thus, the prison officer who committed the instance of rape took advantage of the fact that only a small number of other officers were on duty that weekend in order to be left alone with the woman inmate. The prison officer was left alone with the inmate and took her to the cell where body searches take place, where he forced her to have oral sex.

According to the information gathered during the investigation, the prison officer lured the inmate into performing oral sex on him by promising her that he would bring forward her custody hearing. Possibly due to the fear of reporting the incident and being punished or shamed, the victim was only able to tell other women inmates what had happened after the incident took place. Physical evidence of sexual violence was also collected, such as evidence of the perpetrator's semen. The reports and evidence collected led to the arrest of the perpetrator, who is currently facing criminal charges.

In response to this instance of sexual violence, the unit's management stated that it was decided, as an emergency measure, and after reporting the incident to the then-Secretary and -Undersecretary of Penitentiary Treatment, that a greater number of women prison officers would be assigned to the unit, in order to guarantee the direct presence of women professionals in the sorting area. At the time of the MEPCT/RJ follow-up visit, there were only two women police officers on duty in the prison, and they were not permanently present in the sorting area.

Until the entry for cisgender women and trans men to the Oscar Stevenson Penal Institute was moved shortly after, new arrivals were still only greeted by male prison officers and the area of the prison where these women deprived of liberty would be held in custody sector was still staffed by just one women prison officer whenever it was necessary to screen a new arrival. Currently, José Frederico Marques Public Prison only accommodates trans men and women and transvestites.

Solitary confinement, isolation

According to MEPCT/RJ, which tends to focus initially on this particular population during visits, the cells or lodgings intended for solitary confinement are those with the most structurally precarious conditions; they are smaller spaces and are not as well lit and ventilated as other cells or lodgings. In general, these cells also lack basic hygiene products, bed linen, bath linen and mattresses. In addition, these environments are regarded as a form of punishment for people deprived of their liberty.

These spaces, as provided for in articles 53 and 88 of the Criminal Enforcement Law, are classified as disciplinary sanction areas, namely: an individual cell with a minimum area of 6m², which must have a bedroom, sanitary unit and washbasin, and levels of salubrity, aeration, sunlight exposure and thermal comfort that are suitable for human existence.

During all MEPCT/RJ visits, we ask the units to provide a series of documents, including copies of the disciplinary procedures of the Technical Classification Commission (CTCs). Over the many years that the MEPCT/RJ has been operational, we have seen many generic decisions being made, with a clear disregard for the inmate’s at the time of the incident that led them to act in a certain way; without due notification, or due notification within a fair timeframe for the defence; and on sentences that are always unanimous and always condemn the inmate to 15 or 30 days’ isolation and 90 or 180 days of rebaixamento de comportamento, a practice whereby inmates are deprived of their rights under criminal enforcement law. In this regard, there appears to be a systematic disregard for the minimum procedural rules and a certain ignorance towards the fact that these practices lead to serious consequences for the lives of detainees.

As far as women are concerned, inmates were officially held in isolation in womenonly prison units until 2022, with the most severe cases of solitary confinement occurring in the Talavera Bruce Penitentiary (SEAP-TB), from where detainees were also transferred to Nilza da Silva Santos Prison, according to women inmates' reports. However, in January 2023, women detainees from SEAP-TB were transferred to the Laércio da Costa Pellegrino Penitentiary, a maximum security male unit. This move was yet another step towards exacerbating the excessive use of solitary confinement, which in national terms amounts to torture.

While visiting the Talavera Bruce Penitentiary on 15 March 2022, the punishment wing, which is also the home of the prison security team, was found to be completely empty; however, it is still worth discussing its structure. This visit took place following a fire in the wing, which led to the death of a female inmate. This visit also revealed that the architectural structure of the cell was a determining factor in the incident.

“[...]. In various reports, we have also pointed out the absolute structural inadequacy of the SEAPTB for the deprivation of liberty, especially the old space which has cells with solid sheet metal doors. The confinement space and lack of ventilation are at odds with prison architecture standards, and are also key to understanding how the situation is potentially exacerbated by the structure of this space.” (MEPCT/RJ, 23/10/2019, pp. 6,8,9 and 22)

The cases presented by the unit to MEPCT-RJ revealed the disproportionate severity of the sanctions, which has been highlighted several times by the Public Defender, given that acts such as the possession of a mirror are considered as gross misconduct, despite not even being regarded as disciplinary misconduct.

We also feel that this section highlights one of the most severe solitary confinement cases in recent years. On 2 January 2023, following an alleged escape attempt from men in Prison: Analysis from the Local Preventive Mechanism | Rio de Janeiro Talavera Bruce Penitentiary, the Tactical Intervention Group carried out a general search of cells and people, including the performance of body searches. Five women detainees were identified during the process, two of which were found to be in possession of a small amount of cannabis, while the other three were identified as those who attempted to escape. Three of these inmates were sent to the Laércio Pelegrino Penitentiary, known for its prolonged isolation procedures and extremely harsh regime, with institutional practices similar to the Differentiated Disciplinary Regime (RDD), but without the same legal guarantees.

One of the women inmates who found herself in this situation told us that she had already been separated from her same-sex partner for four months as part of a disciplinary sanction, and during this time she developed a deeper state of depression. Another young woman also reported being separated from her samesex partner and becoming a victim of harassment at SEAP-TB. These indications are a cause for serious concern given the unit's problematic history of lesbophobia, in which the separation of couples has been used as a sanction on previous occasions.

The behaviour of one of these young women when they first spoke to us was rather striking; she first arrived with great suspicion, with her head down and her hands between her back, looking at us, and promptly asked if we were "human rights" [people]. Responding rather positively, she asked to be excused, knelt down with her face against the bed and remained silent for about two minutes. When she got up, already crying, she told us how much she had asked God for "our presence", which for us is a clear sign of suffering. The way she acted was not an isolated case, since the first woman deprived of liberty that we interviewed also cried throughout the exchange, demonstrating a serious state of anguish and despair towards the regime in the unit, and emphasised the fact, several times, that she could not stand the loneliness. It is also important to mention that during a visit in May of this year, the woman inmate mentioned in the first report had returned to the same unit, telling us that she is a psychiatric patient and that she had been sent there because she had had another episode. Although she was not considered to be suffering by the health team, she tried to set herself on fire and had self-harm marks all over her arm on her first day back in the unit.

It was also found that LGBTQIAP+phobia was another contributing factor to the violence suffered by these women detainees, given that their sexual orientation was cited as a justification for the use of cellular isolation, as can be seen in the phrases that they reported hearing, such as "since you're a dyke, you want to be like a man, you'll also get the same punishment as a man".

It is also worth mentioning that all women detainees held in maximum-security cells, i.e. those who do not have contact with other women inmates due to the serious risk that they pose to their survival, live in complete solitary confinement, entitled to sunbathe at most. Another important point to note is that in SEAP-ISE and SEAPTB, there are approximately 100 inmates per unit, and in these particular units, it is clear that the deprivation of liberty, exacerbated by inactivity and the extensive time spent by inmates in cells, has had a continuously negative impact on their mental health.

Women in special situations of vulnerability

Pregnant and postpartum women

In its work, MEPCT/RJ has stressed the fact that the conditions surrounding pregnancy, childbirth and the postpartum period are incompatible with the deprivation of liberty. Regardless of the progress made in creating a less hostile prison space, the Maternal and Child Unit, and the drastic reduction in the number of detained pregnant women in the state thanks to the Early Childhood Framework, these measures have still proven insufficient in preventing physical and psychological violations against this population.

The National Policy for the Care of Women Deprived of Liberty and Returning from the Prison System (PNAMPE) provides specific guidelines for pregnant women and mothers of new-borns in the prison system. In addition, Rede Cegonha (Stork Network), a universal public policy for the comprehensive care of pregnant women, women in labour, postpartum women and babies that provides access to humane and preventive care, advises that women deprived of liberty be included in this policy and cared for within the external health network, with the technical team being responsible for the area in which the unit(s) is located.

In the state of Rio de Janeiro, the law92 guarantees the right to humane childbirth within the public health system, ensuring that pregnant women have the right to choose the delivery procedure and pain relief, and that the pregnant woman must be listened to during the process. Pregnant women have access to an individual birth plan and may choose to be accompanied. This right should also be accessible to women deprived of liberty.

In 2016, State Law No. 7193/2016 expressly prohibited the use of handcuffs or any means of restraint on inmates in labour. This triumph was achieved thanks to the significant pressure that civil society placed on the State Legislative Assembly leading to the subsequent discontinuation of one of the most brutal forms of obstetric violence. This practice was also prohibited across Brazil through Federal Law No. 13,434/2017, which amended the Criminal Procedure Code.

In 2018, MEPCT/RJ observed a severe cycle of obstetric violence against women in prison: they were placed in cells in a deplorable condition, they were provided with a bell so that they could call for help when giving birth, and they were handcuffed while being escorted in cars that were completely inadequate. In hospital, they were often humiliated and mistreated. There are reports of women being forced to crawl in order to drink directly from the tap, of medical staff abandoning these women at the time of delivery, of handcuffs only being removed when the baby was delivered, of the presence of a prison officer with a rifle in the delivery room, and of these women being separated from their newborn baby on their return to the prison unit.

These findings led to the opening of a civil enquiry into the situation of pregnant and postpartum women in prison and impelled the Working Group on Women and Girls Deprived of Liberty of the State Committee to Prevent and Combat Torture to start drawing up a flow chart detailing the care procedure to be followed for pregnant women, women in labour and postpartum women, in consultation with the Doulas Association.

The adoption of these measures helped bring about significant changes, such as the provision of a room for prenatal examinations within the unit, transfer to the Maternal and Child Unit from the seventh month of pregnancy onwards and the provision of a prison primary care team for the women-only units.

With regard to the childbirth care procedure, it has been established that the woman inmate must inform the health team of the onset of labour so that they can provide the initially required care by referring her to a primary care unit, and then, following an initial screening, proceed by transferring her to hospital. These journeys are carried out by the SOE, and there are reports from women detainees of both the use and non-use of handcuffs in such circumstances. According to reports given by postpartum women to MEPCT/RJ, hospital treatment has improved. One woman even reported that one of the hospital's health professionals stopped SOE officers from assaulting her and also requested that her handcuffs be removed during labour.

With regard to the childbirth care procedure, it has been established that the woman inmate must inform the health team of the onset of labour so that they can provide the initially required care by referring her to a primary care unit, and then, following an initial screening, proceed by transferring her to hospital. These journeys are carried out by the SOE, and there are reports from women detainees of both the use and non-use of handcuffs in such circumstances. According to reports given by postpartum women to MEPCT/RJ, hospital treatment has improved. One woman even reported that one of the hospital's health professionals stopped SOE officers from assaulting her and also requested that her handcuffs be removed during labour.

However, MEPCT/RJ still receives reports of harassment by prison staff assigned to the primary care unit. In 2021, the mechanism was informed about restricted access to nutrition and unpleasant and humiliating practices, including moral offences (e.g.: "she has a lot of children, so if you touch her you'll get pregnant", "he must have been mad to get you pregnant"). As for health issues and prenatal care, the organisation was also alerted to the high incidence of mother-to-baby syphilis contamination. However, we were also informed that pregnant women are able to access treatment as soon as the infection is identified, which allows babies to be born without the potential after-effects of the disease.

Since then, discussions and negotiations have continued among the Working Group on Women and Girls Deprived of Liberty, composed of the MEPCT/RJ, the Public Prosecutor's Office, the Public Defender's Office, the Secretariat for Prison Administration, the State Secretariat for Health and the Municipal Secretariat for Health of Rio de Janeiro. The Municipal Secretary has updated the flow chart detailing the care procedure to be followed, which includes detained pregnant women in the Rede Cegonha (Stork Network: a public policy on the care of all pregnant women in the municipality. It also includes a concept provided for in this policy: the linking visit, i.e. a visit to the maternity hospital in order to get acquainted and ask questions. In addition, this policy states that these women will be transferred to the Albert Schweitzer Hospital in the Stork Network’s dedicated ambulance. It is also worth mentioning that this hospital was chosen specifically for the delivery procedure because it is capable of handling both routine and highly complex deliveries, ensuring the most comprehensive care possible for pregnant women. Moreover, the flow chart mentioned above, which was renamed as "Guidelines for the Prevention of Violence and Guaranteeing the Rights of Pregnant Women, Women in Labour and Postpartum Women Deprived of Liberty"93 was developed collectively by this working group and published as a joint resolution regarding the prevention of any form of torture or ill-treatment of this population.

Alternatives to detention

Other relevant information from the LPM on women in prison

NPM overview

Facts and figures1

Recommendations

Prison information

Carry out a prison census, covering both people serving sentences and those held on pre-trial detention, in order to better assess information on the socio-economic profile of the population deprived of their liberty with a view subsidising public policies aimed at this population, including data disaggregated by gender, with information on the following: place of residence; family income; level of education; self-declared race/skin colour, and, in the case of self-declared indigenous people, specification of the group and territory; marital status; number and

Separation and prison staff

Prohibit the detention of women and girls under the watch of male prison staff. 

Draw up a plan for the decommissioning of mixed units, given the fact that violent acts could potentially be committed against women in such environments, especially sexual violence.

Healthcare

Amend the National Policy for Comprehensive Healthcare for Persons Deprived of Liberty in the Prison System (PNAISP)7 in order to develop specific strategies for women's healthcare, given the specific health needs of this population.

Body searches 

Draw up legislation at the national level to forbid unpleasant body searches in prison and socio-educational environments, with specific provisions for pregnant women, such as prohibiting any search that could pose a risk to their health or that of the baby, including the use of radioactive devices such as body scans.

Non-custodial measures

Expand policies on decarceration and penal alternatives for women deprived of liberty in Brazil, such as: I. Carry out joint prison inspections to identify women, including trans women and women transvestites, who are serving pre-trial detention and meet the requirements of the Mothers' Law (Law No. 13.769/2018), which favours alternatives to pre-trial detention; II. Carry out joint prison inspections in order to identify women serving semi-open custody sentences who are being held under conditions similar to those of closed custody, in order to comply with Binding Precedent 56 of the Federal Supreme Court, which prohibits the detention of women Brazil people serving a sentence under a more severe prison regime in the absence of an adequate penal establishment, abiding by the parameters set for determining penal alternatives: (a) early release of the sentenced person under a regime with a lack of spaces; (b) electronically monitored release of the sentenced person who leaves early or is placed under house arrest due to a lack of spaces; (c) the serving of sentences restricting rights and/or study of the sentenced person who progresses to the open regime.

Detention issues

According to data from the National Secretariat for Penal Policies for the second half of 2023, there are currently 26,876 women being held in physical cells in Brazil, of whom around 32% are in pre-trial detention8 . The current Drug Law, established in 2006, has contributed significantly to the increase in Brazil’s prison population and, above all, the incarceration of women. According to data from the World Prison Brief, in 2000 there were 10,112 women in prison in the country, an increase of around 460% over the last 23 years9 . Currently, 65%of women in prison in Brazil have been charged with offences under the Drug Law. Black women are the most affected by the country's incarceration policies, accounting for 65% of all women held in prison cells. Socio-economic status is also an important factor in penal selectivity: the vast majority of women in prison have a low level of formal education, with 44%having not even completed primary school.

In addition, the structural conditions of the Brazilian prison system must also be mentioned, since correctional facilities have been built with only male prisoners’ needs in mind, and thus, fail to meet those of women. Physical and psychological abuse – mainly through name-calling –appears frequently in the accounts given by women detainees. According to categorised data from the MNPCT, there were reports of physical and psychological abuse against women dep

Body searches

The performance of unpleasant body searches of people deprived of liberty is a common practice in all men’s and women’s prison units inspected by the MNPCT. They are usually carried out several times a day (e.g. every time a person leaves their cell). Searches always entail partial or full stripping and, in most cases, crouching down. There are no reports of body searches of cisgender women being carried out by male prison staff. However, there have been cases of body scans of women being carried out by male staff. In the case of trans women deprived of liberty, searches are typically performed by male staff.

According to categorised data from the NPMCT relating to inspections carried out by the mechanism itself in 2022, unpleasant body searches of women detainees were carried out in 91.7% of the units accommodating women. In addition, in 61.3% of all the penal establishments inspected – which accommodated both women and men – there were reports of body searches being performed on women visitors; and in 87.1% of all the penal establishments inspected, there were reports of physical and moral violence against women visitors.

There is evidence that body searches of women are carried out systematically, without an individualised assessment of the risks or the specific reasons for doing so. It should also be noted that prison authorities do not usually keep any records of body searches.

Body searches of visitors are still being performed quite frequently, although most of the units inspected by the NPMCT already have body scanners. Whether due to a culture of violence against women or a lack of adequate training, it is common for women to be subjected to unpleasant body searches after they have undergone a body scan, as even the detection of organic matter (gas or faeces) is used as a justification. There have also been complaints that pregnant women have been forced to undergo body scans, despite being contraindicated, and have also been subjected to unpleasant body searches, including being asked to crouch down.

Invasive body searches have not been abolished. Body searches involving touching may still take place in exceptional cases, and are usually carried out by a medical professional at the Forensic Medical Institute or in a hospital.

Access to mental healthcare

Women deprived of liberty frequently complain about access to mental healthcare. Self-harm and psychiatric medicalisation are more prevalent among women deprived of liberty compared with their male counterparts.

However, there is a significant disparity between prison units, even between those located in the same state. Many of the units do not have a primary care team, as stipulated in the National Policy for Comprehensive Healthcare for People Deprived of Liberty in the Prison System. In those that do have a primary care team, psychiatrists are not always present on a regular basis, and even in units where a full healthcare and psychosocial team is present, it is often difficult to access such teams. In many units, it is the security guards who dictate the regularity of care, as women detainees rely on women prison staff to escort them the treatment rooms. If staff numbers are low in the unit, or if for any other reason the women prison staff are unable to escort the women detainees, they will not have access to the technical teams and professionals will not be authorised to conduct active searches in the wings.

Health professionals generally do not have complete autonomy in determining care priorities, and it is common for women security officers to take people other than those booked in for care.

According to categorised data from the MNPCT relating to inspections carried out by the mechanism itself in 2022, there were reports of mental health problems in all units accommodating women, without any adequate treatment being provided.

When women are admitted to prisons, an initial medical examination is not guaranteed in practice. Women deprived of liberty often do not have access to a medical, psychological and psychiatric assessment when they first enter prison.

While medicalisation is highly prevalent among women and girls deprived of liberty, this does not necessarily correlate to a high incidence of mental healthcare, because in most cases, such care is not accompanied by some form of psychotherapy. Although there is a growing demand for medical care among women deprived of liberty, the NPMCT is concerned about the use of medicalisation as a mere form of containment rather than treatment.

It should be pointed out that in a context such as Brazil's, where incarcerated women are subjected to squalid living conditions, characterised by food insecurity, unhealthy conditions, lack of material support and menstrual indignity, overcrowding, idleness, family abandonment and systematic and structural practices of physical and psychological violence, the provision of mental healthcare would necessarily depend on improving the material and concrete living conditions in prisons.

Women deprived of liberty tend to be more open and raise mental health issues more often than their male counterparts.

Prison staff also seem to be aware of the importance of these issues for women in detention, but they often delegitimise these demands and reports of mental suffering. In addition, security officers often exacerbate this suffering through acts of physical and moral violence.

In Brazil, there is no standardised training curriculum for prison staff. In this sense, each federative state has the autonomy to set out its own staff curriculum. The MNPCT has already heard reports from various members of prison staff that there is no specific training provided on gender issues and that the training largely focuses on security measures and means of restraint.

There is also a general lack of suicide and self-harm prevention protocols in the prisons inspected by the MNPCT, regardless of the gender of the prison population.

Use of means of restraint

There are no detailed regulations in Brazil regarding the use of physical restraint. The main normative reference is Binding Precedent 1110 of the Federal Supreme Court, which states that handcuffs should only be used in exceptional circumstances and in cases of resistance and a well-founded fear of escape or danger to the physical integrity of the prisoner or others, and that the use of handcuffs and the exceptional nature of their use must be justified in writing. There are no protocols regulating the use of means of chemical restraint in prisons in Brazil.

However, there is national legislation prohibiting the use of handcuffs on women who are in labour or who have recently given birth. Law No . 3.434/201711 expressly prohibits the use of handcuffs on pregnant women during medical-hospital procedures carried out in preparation for childbirth and during labour, as well as on women during the immediate postpartum period.

In practice, the use of means of restraint is not noted in official records or documents. Similarly, such means are usually employed arbitrarily, without analysing individual cases, and are often undocumented.

Contact with the outside world

In Brazil, there is a culture of women detainees being abandoned by their families, which is not the case for men.

Only a minority of women in prison receive family visits and assistance. Many mothers will also lose contact with their children, or even be stripped of their parental authority, due to imprisonment.

This leads to a prevailing patriarchal culture, and, in turn, a stricter moral judgement of women detained for criminal offences.

Women in special situations of vulnerability

It is important to point out that most women in prison in Brazil are black, have lived in peripheral urban areas and have a limited formal education behind them. Therefore, any analysis of women deprived of liberty in Brazil must necessarily consider the intersections of race and gender in the phenomena of criminalisation and incarceration.

According to SENAPPEN data, 65% of all women held in physical cells are black or mixed race, representing a significantly higher percentage than the 55% of black women in the total female prison population12 . The vast majority of women in prison have a low level of formal education, which points to a class divide in penal selectivity: 54% have completed primary school; only 19% have completed secondary school; and just 1.9% have completed higher education. If we also analyse the female prison population by age group, it is deeply concerning that 54.7% of women detainees are aged under 34. The imprisonment of young women can have a significant impact on their life trajectories, increasing their vulnerability and social marginalisation and exposing them to a greater risk of suffering other forms of violence throughout their lives.

It is also important to note that the proportion of women with their children in prison is almost double that of men: 43.67% compared to just 19.87%. This figure chimes with the many reports of broken ties with children, and mental suffering related to separation from children, observed in women detainees during MNPCT inspections. During the inspections, it was also found that women in prison have often been subjected to various forms of violence throughout their lives, particularly sexual and domestic violence. Coming from a background of extreme social and family vulnerability, women have a smaller support network in prison, severely exposing them to the squalid living conditions of the penitentiary establishment in which they now find themselves. This lack of support certainly has an impact on their leaving prison and their chances of social reintegration.

LGBTIQ+ women

Although lesbian women are mostly socially accepted among the general female prison population, they will often face prohibitions and retaliation from the prison administration against displays of affection in prison units.

In many cases, transgender women and women transvestites do not have the right to choose whether they will be held in men- or women-only units. During the inspections performed in 2022, it was found that these transgender women and women transvestites were mostly held in male units, in specific cells or wings, and in mixed units.

The inspections also revealed the invisibility of the incarcerated LGBTQIAPN+ population. There were unanimous reports of disrespect for self-identified names in the units and of LGBT-phobic name-calling, and it was also difficult for the LGBTQIAPN+ population to sustain romantic relationships within the units. There were even numerous reports of couples who were in the same cell being separated, including as punishment for displays of affection.

It was also found that the designated LGBTQIAPN+ units and actually have the same characteristics as male units. In these areas, trans women and women transvestites are treated as if they were men; all direct care and assistance in the units is provided by male prison staff, including unpleasant body searches. In addition, hormone therapy is not guaranteed for trans women and women transvestites, some of whom even end the treatments that they started before entering prison. For more information, see the "National inspection report on the LGBTIQ+ population deprived of their liberty in Brazil".5

Cases of self-harm and psychiatric medicalisation in transsexual women and women transvestites are extremely serious and much more marked than those among the general prison population.

An excellent example to illustrate this point is the Jason Albergaria Prison in Minas Gerais, which was inspected in 2022, as it is the only prison in Brazil exclusively for the LGBTQIAPN+ population, more specifically for cisgender gay men and trans women or women transvestites (regardless of sexual orientation) who have not undergone gender reassignment surgery, which represents a form of reducing gender to genitalia and disrespecting self-declaration. The prison was plagued in 2021 and 2022 by a pate of suicide cases and attempts, with 11 suicide deaths recorded between January 2021 and June 2022. Self-harm was also a common practice among women detainees during that time. Following the most recent suicide case, the Chief Magistrate of the district's Criminal Court partially closed the unit.6

Alternatives to detention

The main regulatory reference in this regard is the so-called Mothers' Law (Law No. 13.769/2018),7 which stipulates that pregnant women, or women who are mothers or responsible for children or people with disabilities, will be placed under house arrest rather than pre-trial detention, provided that: I - she has not committed the offence with violence or posed a serious threat to the person involved; and II - she has not committed the offence against her child or the person in her care.

This legislation stems directly from the Supreme Court's ruling in February 2018, when it issued Habeas Corpus 143641 in order to establish the replacement of pre-trial detention with house arrest for pregnant women, lactating mothers and mothers of children up to 12 years old, or people with disabilities across the country. In this regard, the Early Childhood Framework (Law 13.257/2016) had already brought about significant changes by amending the articles of the Criminal Procedure Code, in order to establish the possibility of replacing pre-trial detention with house arrest for pregnant women and women with children up to 12 years old.

According to SENAPPEN data, there was a highly significant increase in the number of people under house arrest (either with or without electronic monitoring) in Brazil between 2018 and 2023, from 9,887 people (of which 1,091 were women) to 201,380 people (of which 19,611 were women). Among the female prison population, the proportion of women under house arrest during this period rose from 3.08%to 42%. Therefore, there is reason to believe that this rapid increase i

Other relevant information from the NPM on women in prison

NPM overview

Facts and figures

Recommendations

Accommodation

Ensure compliance with the established norm of space per convicted person (prisoner) in accordance with the requirements of national legislation and the case law of the European Court of Human Rights.

Life in prison: regime and activities

Ensure compliance with the requirements of the labour legislation of Ukraine regarding the protection of labour rights of employees from among women prisoners.

Access to healthcare

Bring the work of the medical unit of the penitentiary institutions where women are held in line with the requirements of the current legislation.

Contact with the outside world

Ensure the exercise of the right of women detainees to make telephone calls without limitation of their number.

Detention issues

Body searches

In accordance with section XXIV of the Internal Regulations of Penitentiary Institutions10 (hereinafter - the PI IR), in order to detect items, products, belongings and foodstuffs not provided for in the list, as well as money, securities and objects, items prohibited for use in penitentiary institutions to detect preparations for escape from custody, search for hiding convicts, etc. searches and inspections are conducted of convicts, staff and citizens on the territory of penal institutions and adjacent territory, as well as contractor sites, their belongings and clothing, vehicles, premises, residential and industrial areas. 

A personal search can be carried out with or without undressing. A personal search is conducted by a person of the same sex as the person being searched. The presence of persons of the opposite sex with the searched person during a strip search is not allowed. If it is necessary to examine body cavities, such examination, as well as examination of prostheses and bandages, is carried out by a medical professional. 

In accordance with the Internal Regulations of the Detention Centres of the State Criminal Executive Service of Ukraine (hereinafter - SIZO IR),11 upon arrival at the SIZO, prisoners and convicts are subject to a strip search and their belongings are subject to inspection. Strip searches are carried out only by persons of the same sex as the person to be searched.

Solitary confinement, isolation

Solitary confinement is not used for women in Ukraine, as women are not held in maximum security penal institutions. However, women, like men, are subject to punishment in the form of detention in a punishment cell (a room designed to hold prisoners and convicts who maliciously violate the requirements of the regime). 

According to national regulations,12 prisoners and convicts who are sentenced to punishment in the form of placement in a punishment cell are held in solitary confinement. By the decision of the head of the SIZO, prisoners and convicts may be held in punishment cells in pairs. Pregnant women and women with children under the age of three are not subject to placement in the punishment cell. A punishment in the form of placement in a punishment cell is imposed on the basis of a reasoned decision to place a prisoner in a punishment cell issued by the head of the SIZO or a person acting as such, based on a decision of the disciplinary commission, with a determination of the period of detention. The accounting of persons serving a punishment in the form of placement in a punishment cell is kept by the duty officer or their deputy in the register of prisoners and convicts.

Prisoners serving a punishment in the form of placement in a punishment cell are prohibited from taking food and personal belongings with them, except for towels, soap, toothpaste (powder), toothbrush, toilet paper, pencils, ballpoint pens, notebooks, postage stamps, envelopes, books, newspapers or magazines (no more than five copies), special hygiene products for women, as well as tobacco products, matches, lighters for one-time use. Tobacco products, matches, and lighters for one-time use are stored in a separate cabinet by the junior inspector on duty and are issued for the duration of the daily walk.

Use of means of restraint

The procedure and grounds for the use of measures of physical influence, special means, straitjackets, service dogs and firearms against prisoners and convicts are determined in accordance with Article 18 of the Law of Ukraine "On Pre-trial Detention" and Article 106 of the Criminal Executive Code13 of Ukraine (hereinafter - CEC). 

The use of measures of physical influence, special means and firearms should, if circumstances permit, be preceded by a warning of such intention. Without a warning, measures of physical influence, special means and firearms may be used if there is an immediate threat to the life or health of the staff of the pre-trial detention facility or other persons. If it is impossible to avoid the use of measures of physical influence, they should not exceed the measure necessary to fulfil the duties of the administration of the place of pre-trial detention and should be limited to causing the least possible harm to the health of the offenders. If necessary, the administration of the place of pre-trial detention is obliged to provide immediate assistance to victims.

Employees of the pre-trial detention facility have the right to use measures of physical influence and special means, including hand-to-hand combat techniques, handcuffs, rubber batons, straitjackets, tear gas, light and sound distraction devices, water cannons, armoured vehicles and other technical means, as well as the use of service dogs to stop physical resistance, violent acts, riots, and overcome opposition to the lawful requirements of the administration, if other methods do not ensure the performance of its duties. 

It is forbidden to use measures of physical influence, special means and firearms against women with obvious signs of pregnancy, elderly persons or persons with severe disabilities and children, except in cases of group attack that threatens the life or health of the staff of the place of pre-trial detention or other persons, or armed resistance. 

In order to stop these unlawful actions, with the permission and in the presence of a medical worker, persons taken into custody may be placed in a cell to calm down violent persons, and may be put in a straitjacket. The use of a straitjacket is prohibited for children, women, the elderly and persons with disabilities.

The type of special means, the time of the beginning and the intensity of their use shall be determined taking into account the circumstances, the nature of the offence and the personality of the offender. 

In the event of an attack or other intentional act by a person taken into custody that directly threatens the life or health of the staff of a pre-trial detention facility or other persons, as well as in the event of an escape from custody, the use of firearms is permitted as an exceptional measure if other measures cannot stop such actions. In case of escape from custody of children and women, the use of weapons is not allowed.

An employee of a place of pre-trial detention who has used measures of physical influence or special means of coercion shall report this to their immediate superior for immediate notification of the prosecutor. 

All persons who have been subjected to physical restraint, special means or firearms are subject to mandatory medical examination. The administration of the pre-trial detention facility must immediately notify the prosecutor in writing of injuries or death, serious or moderate bodily harm caused by the use of measures of physical influence or special means, as well as of all cases of use of firearms. It is prohibited to use measures of physical influence, special means and firearms against women during medical examinations, labour, childbirth and after the birth of a child. The use of measures of physical influence and special means against such persons is allowed only with the permission of a doctor.

Access to mental healthcare

According to the national procedures,14 during the fourteen days of stay in the quarantine, diagnosis and distribution unit, convicts are subject to a full medical examination, including examination by a psychiatrist. According to the Standard Psychologist Job Description, a psychologist of a penitentiary and pre-trial detention center is part of the social and psychological service of the institution, and is responsible for studying convicts and detainees in order to reduce the negative impact on the personality of being isolated from society. A psychologist performs a preventive function aimed at identifying, eliminating and preventing personal and group negative psychological phenomena arising from a person's stay in isolation from society, providing psychological assistance to convicts and persons taken into custody, as well as, if necessary, directly to the staff of the institution.

In order to ensure regular assessment of women's needs for psychiatric care and detection of mental illnesses among convicts, a preventive medical examination should be conducted once a year, in which a psychiatrist must participate. 

However, in practice, psychiatrists often do not examine newly arrived women, do not participate in preventive medical examinations, or the position of the said doctor is not included in the staff of the medical unit at all. The absence of a psychiatrist does not ensure proper prevention, diagnosis and treatment of mental health conditions, as well as medical and psychological rehabilitation of persons held in institutions and suffering from mental health conditions. 

It is also worth noting that, in practice, women prisoners and convicts who are at risk of suicide and self-harm are also often not examined by a psychiatrist, which can lead to a deterioration in health and a threat to the lives of women prisoners and convicts. In accordance with the requirements Psychologist Job Description,15 in order to raise awareness among penitentiary staff, as well as women prisoners and convicts, the psychologist provides recommendations to the staff of the institution on working with groups and individuals, preventing negative phenomena and creating a positive social and psychological climate among convicts and detainees. The psychologist also carries out educational activities aimed at disseminating psychological knowledge among the staff of the institution, convicts and detainees, and raising the level of their psychological culture. 

Staff training is provided for Psychologist Job Description, which states that the main tasks of the psychologist include improving the psychological skills of the institution's staff: providing qualified methodological assistance, teaching forms and methods of psychological study of the personality and environment of convicts and detainees, as well as methods of psychological and pedagogical correction.

Access to healthcare

A specific problem faced by women in penitentiary institutions in Ukraine is the lack of access to proper medical care, including gynaecological care. Most medical units of penitentiary institutions do not have a gynaecologist, which does not ensure the completeness of primary and preventive medical examinations and leads to untimely responses to women's complaints about their health condition. 

Most often, women are examined selectively, in case of complaints, by referring them for medical consultation with specialists outside the institution. In addition, women do not undergo mandatory screening for breast cancer, nor do they undergo microscopic examination of cells from the vagina and cervical canal for early detection of cervical dysplasia and cancer. Medical units are only partially equipped with medicines to provide gynaecological medical care to women prisoners and convicts, which makes it impossible to provide proper medical care in the treatment of infectious inflammatory gynaecological diseases. This leads to a deterioration in the health status of women in institutions, untimely treatment, diagnosis and prevention of malignant diseases of the reproductive system. 

In addition, in penitentiary institutions where persons suspected of having hepatitis C virus are held, PCR testing is not carried out due to the high cost of this test, and, as a result, convicted women do not receive the necessary treatment, which can lead to a deterioration in their health and the spread of this infectious disease among other prisoners. 

The Criminal Executive Code (CEC) of Ukraine provides that only medical personnel may be present during the medical examination, unless the doctor believes that there are exceptional circumstances, or the doctor requests the staff of the penitentiary institution to be present for security reasons, or the convicted person requests it.16 However, the NPM found, that during medical examinations of women prisoners, employees of the institution (not medical staff) are often present, which violates women's rights to keep their health condition confidential. 

The lack of premises in medical units leads to an insufficient number of rooms for people with somatic diseases, which can create difficulties in ensuring separate separation of women and men to ensure their comfort and confidentiality.

Alternatives to detention

Women, unlike men, in accordance with the Criminal Executive Code (CEC), do not serve their sentences in maximum security correctional facilities.17 In addition, if a woman sentenced to community service or correctional labour is found to be pregnant, the authorized probation body shall submit a motion to the court for her early release from serving her sentence.18

Women sentenced to restriction of liberty or imprisonment who became pregnant or gave birth to children while serving their sentence - except for those sentenced to imprisonment for a term exceeding five years for intentional grave and especially grave crimes – who have family or relatives who have agreed to live with them, or who are able to independently provide appropriate conditions for raising a child, upon submission of the administration of the penitentiary institution and the supervisory commission, are released by the court from serving the sentence within the term.19 

Depending on the behaviour of the woman after the child reaches the age of three or in case of the child's death, the authorized probation body submits a motion to the court to release the convicted person from serving the sentence or replace it with a milder punishment or to send the convicted person to serve the sentence imposed by the verdict. 

In addition, the Criminal Executive Code (Art. 142) provides for women sentenced to imprisonment to live outside the penal colony. Convicted women who have a conscientious attitude to work and comply with the requirements of the regime are allowed to live outside the penal colony by a resolution of the head of the penal colony with the approval of the supervisory commission, for the period of release from work due to pregnancy and childbirth, as well as until the child reaches the age of three.

Convicted women who are allowed to live outside the penal colony are bound by the following rules: settle near the penal colony and are under the supervision of the colony administration; can wear clothes acceptable for civilian use, have money, mobile phones, accessories and valuables with them; can correspond without restriction, receive money transfers, parcels (packages) and parcels, spend money, have visits with relatives and other persons, use mobile communication at their own expense; have the right of free movement within the territory, the boundaries of which are determined by the head of the correctional colony; in case of childbirth, illness of convicts or their children, they can be placed in local health care facilities; after the period of release from work in connection with pregnancy and childbirth is over, they perform work as directed by the administration of the correctional colony, and are paid on the same basis as other convicts serving their sentences in a correctional colony of this type.

In case of systematic or malicious violation of the established rules of behaviour, the right to live outside the colony is cancelled by the decision of the head of the penal colony, agreed with the supervisory commission, and convicted women return to the colony to continue serving their sentences. 

In accordance the CEC (Art. 141), baby homes are organized in penal colonies where women sentenced to imprisonment are serving their sentences, if necessary. Women convicts have the right to place their children under the age of three in baby homes. A baby home in a correctional facility is a children's institution. In baby homes, children are under the care of the administration of the children's institution with full state support, they are provided with the conditions necessary for normal life and development.

If a convicted woman does not express a desire to live in a baby home together with her child, she should be given the opportunity to communicate freely with her child without restrictions. It is not considered a restriction on a woman's communication with her child if the convicted woman is required to visit the child at a time when she is not performing her duties. Breastfeeding mothers and pregnant women can receive food parcels (transfers) in the assortment determined by a medical report. Convicted women can live with their children under the age of three in a baby home. For this purpose, the administration of the correctional colony creates the necessary conditions for living and controlling the behaviour of women in the baby home.

Convicted women who are pregnant for more than four months or who have children under the age of three with them are sent by the administration of the correctional colony to continue serving their sentence in a correctional colony with a baby home. Visits by close relatives of a child in the baby home and the conditions of their communication are determined by the central executive body responsible for the formation and implementation of the state policy in the field of execution of criminal sentences. 

Children in the baby home may be transferred to their relatives with the consent of their parents and, with the consent of their parents and the decision of the guardianship and custody authority, to other persons or, upon reaching the age of three, sent to appropriate children's institutions. If the mother of a child who has reached the age of three has not served a part of her sentence that does not exceed one year and she fulfills her maternal duties in good faith, the child's stay in the baby home may be extended by the administration of the penal colony until the mother is released.

Other relevant NPM information on women in prison

NPM Overview

Facts and figures20

Recommendations

Accommodation and food

Increase the quantity of the food provided and ensure that food is served at appropriate times in line with the court order in Participative Management Committee v Minister of Justice and Correctional Services and Others, case number 17/16317.

Sanitary facilities and personal hygiene

Build a borehole on the grounds of the respective correctional centres and install functional thermostats to ensure access to warm and hot water for women detainees.

Provide good sanitary towels to women detainees and provide a pack at a time. 

Access to healthcare

• Provide gender specific health care to women detainees, including the relevant gynaecological care as prescribed in terms of age.

Detention Issues

Body searches

a) Legal and regulatory framework

Women, just like men, are subjected to body searches in correctional centres. Section 27 of the Correctional Services Act23 states that “the person of a prisoner may be searched by manual search or by technical means”. If there are reasonable grounds, individuals may also undergo searches involving visual inspection, physical probing of bodily orifices, or examination through physical probing of any bodily orifice. 

It is crucial to emphasize that the Act mandates searches to be performed by correctional officials of the same gender as the individual being searched, ensuring that officials of the opposite gender are not present. Additionally, all searches must be conducted in private. Correctional services officials who perform searches are obliged to compile a written report indicating the results of these searches. This report is provided to the Heads of Centres and Area Commissioners. 

b) In practice

Many correctional centres in South Africa have alternative searching methods, using body scanners that are designed to detect metal as well as x-ray baggage scanners. However, some of these scanners are not working and officials have to resort to conducting the searches themselves.

Generally, inmates have expressed that they are made to squat and cough during searching and, in some instances, do frog jumps. This is arguably designed to expel any prohibited or smuggled items in the person of the individual. This begs the question whether women are made to do the same and also how these searches are performed while women are on their menstrual cycle and the potential harm to their dignity. 

In terms of the Act and in practice, women inmates are searched by female officials, out of sight of the public as well as male officials. Searching is either done in a closed room or behind a curtain to ensure privacy. Searching is usually conducted on a routine basis when remand detainees are coming from court as well as when all inmates have visitors. Searching is also conducted on an ad hoc basis in instances where the correctional centre conducts an operation to rid the facility of contraband, such as mobile cell phones and other prohibited items such as illicit drugs and weapons.

Access to healthcare

The advent of constitutional democracy in 1994 brought with it transformative social, political, and economic changes. This period introduced universal access to health care services in South Africa as a human right that finds articulation in the Constitution.24 Its entrenchment in the constitution is arguably a normative standard that guarantees universal access without distinction, save for clearly defined circumstances.25 On the one hand, these services may be at the state’s expense (free and subsidised) for those who rely on the public sector provision. On the other hand, such services can also be accessed through private institutions at a cost to the recipient. 

Nonetheless, systemic challenges have been identified over the years, including: resource constraints; staff shortages; inadequate infrastructure;26 medicine stockouts and the fiscal consequences of medico-legal claims.27 Some of these challenges have been attributed to social dynamics such as migration – domestic and international28 - corruption,29 as well as political and institutional management inefficiencies.30 For instance, evidence suggests that the public healthcare sector is under-resourced, yet it caters for approximately two-thirds of the population compared to the private healthcare sector which only covers roughly 15% of the population.31

Access to healthcare is provided in the correctional centre setting in that women and men have access to nurses, doctors, psychologists and, in some instances, psychiatrists and dentists. This is all accessible through the clinic or hospital situated inside the correctional centre, where inmates are permitted to seek medical attention as well as consult with the relevant medical professional. This does not prevent access to general hospital services which inmates will also have access to when necessary. 

There may however be a challenge in the provision of gender-specific health care in that women may not be receiving the relevant gynaecological care as prescribed in terms of age. For example, pap smears, mammograms and screening for certain cancers is not readily accessible. Furthermore, preventive vaccinations such as the Human Papillomavirus vaccine may also not be readily available. 

Access to mental healthcare

According to the Department of Correctional Service’s standard operating procedures, women are screened by a professional nurse on arrival or within reasonable time after arrival in a correctional centre. Mothers with babies also have their babies screened. Screening may include psychiatric evaluation for mental health challenges such as postpartum depression and clinical depression as well as the last menstrual period and pregnancy. Women may also be screened for use of alcohol, tobacco and other recreational drugs. 

The appointed professional nurses have various qualifications and may include training in general, psychiatric and community nursing, as well as midwifery. Some nurses may also have primary healthcare training (assessment diagnosis, treatment and care) as well as advanced midwifery and neonatal nursing science. Nurses report to a medical practitioner who is assigned to the centre on a sessional or permanent basis. 

To ensure suicide prevention management, women who are at potential suicide risk on screening are monitored on a continuous basis throughout the period of incarceration and certain risk prevention measures are put in place including a multi-disciplinary team. Recently, a mental health summit as well as a mental health conference was attended by correctional service officials. Mental health posters are also displayed in correctional centres to reduce the stigmatisation and discrimination of mental health. 

Sanitary facilities and personal hygiene

Rule 5 of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules) states, inter alia, that accommodation of women prisoners shall have a regular supply of water for cleaning, cooking and personal care. Similarly, section 9 of the Correctional Services Act requires every prisoner must keep her clothes, bedding and cell clean and that the department must make means for that prisoner to meet those requirements. 

During its visits, the SA NPM has noted that access to water may be problematic in some correctional centres, due to the lack of access to water in the surrounding community where the correctional centre is situated. In this regard, water is delivered to the facility by a mobile water tanker and thereafter distributed to the units. 

Similarly, sometimes there is a shortage of hot or warm water in the cells accommodating women inmates. In some instances, an urn or water boiler is provided in each cell so women can boil their own water. This water is then put in a bucket or dish, and mixed with cold water for the women to bath and/or wash their personal items. Although the provision of the urn mitigates the risk of women using cold water to bath, it also presents the danger of the hot water being used as a weapon amongst the inmates. To date no such incidences have been reported. 

Furthering the right to access to adequate hygiene, rule 5 of the Bangkok Rules also requires that there be free and sufficient supply of sanitary towels. During its monitoring visits, the SA NPM has noted that sanitary towels are provided to women free of charge. In addition, there are sanitary towels that are sold in the shop of the correctional centre. The challenge, however, is that some centres provide sanitary towels that are of poor quality and, even though a pack is received at a time, women would have to use two or three towels at a time. 

Accommodation and food

Section 8 of the Correctional Services Act states, inter alia, that each prisoner must be provided with an adequate diet to promote good health and that such diet makes provision for children and pregnant women. The SA NPM has observed that food is provided to women three (3) times a day. This usually constitutes porridge, tea and bread for breakfast; a hot meal with vegetables, starch and protein for lunch; and bread and tea for dinner. 

Although the food is generally sufficient, the time at which it is provided may be challenging, especially for women who are pregnant, breastfeeding and on chronic medication. Noting that the last meal is often served by 3pm, this leaves a lengthy period between dinner and breakfast the next day. During interviews, women have often complained that the food serving times leave them hungry in the night and those who take medication in the evening experience side effects for taking medication on an empty stomach. 

Women in a special situations of vulnerability

LGBTIQ+ women

Through visits to correctional centres, the South African NPM identified some shortcomings relating to the conditions and treatment of sexual minorities. These shortcomings have been spotlighted by the case of Jade September.32 Jade is a transgender woman who had been incarcerated in three separate correctional centres in the Western Cape. In an expression of her identity, Jade wished to wear her hair long, wear female underwear, makeup and jewellery. The court ordered the Department of Correctional Services to allow the applicant to wear her hair long and in feminine style, address the applicant as a woman and use the female pronouns. It also ordered the respondents to introduce transgender sensitivity training. 

As a follow up to the court order, the NPM facilitated training for Correctional Services in Gauteng and the Western Cape. The NPM also developed a train-the-trainer manual on Engaging LGBTIQA+ persons in places of deprivation of liberty. The manual was developed through focus groups and key person interviews with the Department of Home Affairs, the Department of Social Development, the South African Police Service, the South African National Defence Force, the Department of Correctional Services and the NPM constituent member institutions. 

Alternatives to detention

In certain cases, women may not be incarcerated but rather placed in community corrections which is a form of correctional supervision. According to section 50 of the Correctional Services Act (111 of 1998), community corrections is meant to provide services and interventions that will contribute to the reintegration of offenders as law abiding citizens into communities, by ensuring that probationers are rehabilitated, monitored and accepted by communities. 

In this regard, the Department of Correctional Services met with the United Nations Office of Drugs and Crime (UNODC) SADC Regional Programme Officer in October 2022 at the George Management Area, Western Cape Region. The aim of the session was to improve the rehabilitation of offenders as well as discuss crime mitigating factors. The session further included a discussion on the Nelson Mandela Rules, the Bangkok Rules, Gender-Based Violence and Femicide (GBVF), reoffending of parolees, reviewing of correctional programmes, educating inmates on drug abuse and health standards in correctional facilities which is affected by factors such as overcrowding and limited access to primary healthcare. Subsequently, the UNODC and the Department of Correctional Services have also launched Women in Conflict with the Law (WICL) seminar to assist in addressing the challenges faced by women in society. 

Other relevant NPM information on women in prison

NPM Overview

Recommendations

Body searches

The law shall include that body searches shall be carried out following an individual risk assessment and using a two-step method. 

Solitary confinement, isolation

The law shall stipulate a maximum duration of placement in high security units.

Women with psychosocial disabilities shall be placed in appropriate detention facilities and not into solitary confinement.

Pregnant and nursing women

The law shall include reasons for suspension of pre-trial detention of pregnant women or mothers of young children.

Sufficient financial resources shall be allocated to build detention units for mothers with children.

Detention Issues

Body searches

a) Legal and regulatory framework

Body searches of women prisoners are governed by regulations applicable also to the general prison population, i.e. by the Prison and Court Guard Service Act,35 the Execution of Prison Sentences Order36 and the Order of the Minister of Justice No. 2/2024. In very few instances, these regulations include provisions specifically aimed at women prisoners.37 However, there is no specific legislation that would govern body searches of women prisoners. 

a) In practice

The Prison and Court Guard Service Act stipulates, in Section 5 Article 13b, that women prisoners should be searched by women prison staff. National legislation differentiates between preventive and thorough body search, the latter one being more intrusive, as it involves undressing of the prisoner. The preventive search is carried out by thorough examination of the inmate’s body (without the obligation to undress), clothes and personal belongings.38

During the thorough body search, inmates first take off their clothes but keep their underwear. Then a guard carries out an examination of their body, including hair, mouth, armpit, palms and feet. After that, the inmate has to strip naked for no longer than necessary. During this time, a guard conducts a visual inspection of their body, including genitals and anus. Undressing is carried out behind a curtain, in a cell or other suitable space designated by the prison director so that the inmate is not exposed to the looks of other prisoners. The inspection of clothing is carried out by thorough examination and with the use of detection means. Clothes can also be examined with the help of a dog trained to search for substances with a specific smell.39

The Order of the Minister of Justice No. 2/2024 further defines that a thorough body search is to be carried out only when the same purpose cannot be achieved by using a body scanner. However, it must be added in this regard that the women’s prison visited by the NPM in 2024 did not have a body scanner that could be used in substitution for the strip search. The Order of the Minister of Justice No. 2/2024 specifies 16 situations when an inmate is obliged to undergo a thorough body search and 2 scenarios when they might be subjected to such a search. For instance, a strip search is carried out upon admission to the prison or pre-trial facility and prior to release, before their transfer to a court hearing or to a hearing at the Office of the Prosecutor, every time inmates have open visit, when they go and return from work, during regular examinations of their cells which happens at least once in every 3 months, before the transfer to a different prison facility, etc.40 The respective rules do not contain any provisions on individual risk assessment and every prisoner has to undergo the strip search in the situations provided for by the internal order. Accordingly, strip searches appear to be carried out quite routinely, which has also been confirmed during the NPM monitoring.

NPM findings also revealed that during a strip search, prisoners, including women, are often asked to make a squat. However, the obligation to squat is not laid down in the law nor in the internal rules and appears to have developed only in practice. 

In several prisons, the NPM has encountered that, when carrying out a strip searches, some guards, apply the two-step method. However, since this is not required by the law, the practice significantly differs from one prison to another. Therefore, in the course of the recent amendment of the Execution of prison sentences act, the Ombudsman has recommended to introduce the two-step method as a matter of legal requirement. Unfortunately, this recommendation has remained unanswered by the Ministry of Justice.  The NPM has not received any complaints that strip searches are conducted by an officer of opposite sex. Body searches are not being recorded, unless the guards find a forbidden item. Then they shall document this fact. Visitors undergo only the preventive search and are not subjected to strip searches. 

Solitary confinement, isolation

a) Legal and regulatory framework

In Slovakia, the law contains different forms of prisoners’ segregation. Pursuant to the Execution on prison sentences Act, which applies to both men and women, an inmate can be placed in (i) a closed unit, which can also include a cell for solitary confinement or in (ii) a high security unit.41 The closed unit is a specialized area within a prison facility designed with cells that run in a stricter regime and in which inmates are placed to carry out a disciplinary sanction.42 Placement in a high security unit can be used for disciplinary purposes but also for preventive security-related grounds.43

In order to ensure the safety of prisoners subjected to placement in closed unit and in solitary confinement, the law stipulates that prior to placement a doctor must examine the prisoner and determine that they are physically and mentally fit to undergo the placement.44 Furthermore, in the course of the placement they must be examined by a doctor at least once every three days to assess their ability to cope with the sanction.45 Inmates can also lodge a complaint with the prison director against their placement in either of the units.46

In the past, the law used to include a possibility of lodging an administrative action, but this provision has been abolished. This must be considered as a setback in terms of the protection of human rights in Slovakia. Placement in a high security unit shall be reviewed at least once every three months by the prison director and the prosecutor.47 An inmate can also lodge a complaint with the Public Prosecution Service to review the legality of the measure, but the effectiveness of this remedy has been criticized by the European Court of Human Rights.48

b) The use of solitary confinement in practice

As concerns the regime, in all three cases, prisoners are locked in their cells for 23 hours a day and cannot meet other prisoners. They are not allowed to participate in cultural and educational activities and leisure activities. They cannot purchase food, personal items and other items other than basic personal hygiene needs and basic correspondence needs. They are not allowed to make phone calls, to smoke, to keep cigarettes, tobacco, tobacco products and to rest on their beds outside the time determined by the prison internal rules.49 They have a right for outdoor exercise for 1 hour per day. When in solitary confinement, inmates are always accommodated alone. On the other hand, in a closed unit, they can be accommodated in a cell with up to 3 other inmates and in the high security unit with 1 more prisoner. 

Women can be placed in a closed unit or in a solitary confinement for maximum of 14 days, even in cases of repeated disciplinary punishments.50 It is prohibited to place pregnant women and juvenile girls into solitary confinement.51 This prohibition applies both to pre-trial detention and to the execution of sentences.52 So far, the Ombudsman has not received complaints that this prohibition is not respected in practice. 

During its visits, the NPM team has observed that women placed in a closed unit as a disciplinary sanction did not have access to a mattress during the day. The mattress was locked behind bars in the corner of the cell. While it is understood that this practice is based on the law,53 the NPM does not see any legitimate aim pursued by this measure. The cells were under constant video surveillance, but the cameras did not capture the sanitary facilities. 

As for keeping records on the use of the different forms of confinement described above, the NPM has not found any irregularities in the documentation examined during its visit and the reasons for imposition of solitary confinement were properly documented.

c) Women with mental health conditions

The law does not determine a maximum duration for placement in the high security unit. The NPM considers this very problematic given its very strict regime. Moreover, during its visit to a women’s prison in March 2024, the NPM team observed that women with mental health conditions and behavioral issues were frequently segregated from the rest of the prison population by being placed in these units. They were detained alone both as a punishment for inappropriate behavior and sometimes also for their own safety as a protection measure from self-harm. The decision was taken by the prison director upon the recommendation of an educator working with the inmate, together with the consent of a psychologist and the preventive-security department. The woman concerned did not participate in the decision-making process. 

Given their mental health condition, these women should be placed in more suitable institutions, such as detention centers or psychiatric facilities. However, these facilities are either lacking in Slovakia or they do not have enough places to accept new users. This constitutes a serious problem, as the stay of such women in prison might worsen their mental health conditions. Moreover, placing women with mental health conditions in high security units cannot be considered as an appropriate solution.

Women in a special situations of vulnerability

Women with their children in prison

Another issue identified by the Ombudsman relates to the persisting absence of detention units for mothers with children. Although the establishment of such units in one of the Slovakian women’s prisons has long been envisaged, there has not been any real progress in this regard. This is even more regrettable, as it follows from the 2023 yearbook of the General Directorship of the Prison and Court Guard Service that they have already obtained all building permits. However, they do not have enough financial resources to start with the realization of the project. 

Alternatives to detention

One of the issues identified by the Ombudsman concerns the lacking provisions on the possible suspension of detention of pregnant women in pre-trial detention.

The execution of sentence of a pregnant woman or of a woman who just gave birth or whose child is younger than 1 year shall, according to the relevant legislation, always be suspended for the duration of 1 year.54

There are, however, no rules on suspension of the pre-trial detention. Given that in certain circumstances the conditions of pre-trial detention can be harsher than the conditions of sentenced women, coupled with the reluctance of the domestic courts to apply alternative measures, the Ombudsman finds this situation highly problematic. 

In a letter to the Ministry of Justice, the Ombudsman therefore recommended to amend the current legislation so that it lays down reasons for the suspension of pre-trial detention of pregnant women and mothers of small children in a similar manner as in the case of sentenced women. 

Other relevant NPM information on women in prison

NPM Overview

Facts and figures55

Recommendations

Accommodation and food

Renovate the kitchen at the women’s prison, including the installation of a larger cold room to store vegetables and fruits, appropriate aluminum windows, proper aeration and more refrigerators. 

Sanitary facilities and personal hygiene

Provide gloves, plastic aprons, rubber boots and necessary cleaning materials to detainees while cleaning the toilets and shower units. 

Safety

Better protect the paths leading to the kiosks inside the yards of the prison as same ought to be protected from rain and wind to uphold health and safety standards.

Mental health

Appoint additional psychologists exclusively for the Women’s Prison to ensure more frequent psychological support to women detainees. 

Foreign women

Increase the frequency of Skype calls and provide income generating opportunities within the prisons to detainees so that they could afford to pay for their phone calls with their earnings. 

Provide regular psychological and psychiatric support to foreign women.

Detention issues

Body searches

Body searches on women detainees are conducted on an individual assessment basis. Body searches on women are conducted whenever they leave the prison, generally, to attend Court or to go to hospital. These may include body scan, pat search and strip search 

Rub down search is conducted on daily basis at lock-up time and detainees are chosen randomly. All details pertaining to body searches conducted on detainees are recorded in a Search Book at the prison.

There is one body scanner at the women prison. The body search or strip search (detainees are not required to be totally naked during the strip search exercise) are conducted in the presence of high (senior) ranking women officers at the prison. As a matter of fact, body searches on women detainees and women visitors are carried out exclusively by women prison officers and out of sight of male members of staff. Conversely male visitors are searched by male prison officers only and out of sight of women members of staff.

Whenever a pregnant woman is moved out of the prison premises in order to attend Court or hospital visits, she undergoes a body scan at a lower frequency transmission in order to ensure that no prohibited object(s) are concealed inside her body. When any such object is detected, a nursing officer or a doctor from the prison decides whether or not the detainee should be sent to the Jawaharlall Nehru Hospital for further procedures. Moreover, the detainee undergoes a pat search and a strip search by two women prison officers. During the strip search, the detainee does not need to be totally naked. 

Invasive body searches are conducted invariably at the hospital and only in cases where there is strong suspicion that prohibited articles may be inside the body of women detainees. In such cases, specialised medical professionals at the hospital conduct an echography and/or X-Ray in order to detect anything suspect, under the supervision of high-ranking prison officers.

Solitary confinement, isolation

Solitary confinement is used as and when required as per the prison regulations. Solitary confinement is mostly used as a punitive measure for detainees under report, but sometimes also for the detainees’ protection. In such cases, the detainee is seen by the prison doctor. It is the prison doctor who decides whether a detainee may be placed in solitary confinement or not. 

There exist different reasons whereby detainees are placed in solitary confinement for their own protection. For example, during the COVID-19 pandemic, detainees had to be placed in confinement in order to protect their health. In other cases, detainees may be placed in confinement for their own protection in prison pursuant to a Court Order and/or when a detainee’s safety/security may be at risk.

Solitary confinement is sometimes used in the above situation, but the approach is somewhat different. In cases of pregnant women, the detainee will first be consulted by a prison doctor to see whether or not she can be placed in solitary confinement. If a pregnant woman is about to give birth, generally she will not be placed in solitary confinement. Solitary confinement for mothers and pregnant women has flexible procedures. For instance, when placed in the confinement unit, women are allowed to keep the cell door open and are free to move along the cell corridor, including the association yard. Such cells have attached toilets, sinks and beds. The shower units are found in the association yard. 

For women detainees with children in prison, the detainee is placed in solitary confinement only when the children attend kindergarten or school. When the children are back from school, women and children return to the mother care unit.

Detainees are examined by a Health Service Office before a solitary confinement. During solitary confinement they are kept in single cells, which are similar to other general cells in the prison, and are allowed to make phone calls and to receive visits.

Written detailed records on the use of solitary confinement are kept in the Occurrence Book at the prison.

Access to healthcare

The Women's Prison infirmary is staffed by two doctors and three registered nurses who work on a rotating shift basis, ensuring 24/7 medical care. The infirmary comprises a consultation room, a pharmacy with storage facilities, an observation room, a treatment room, and a dental room. In the event of a detainee reporting sick, she is brought to the consultation room for a joint examination by a doctor and a registered nurse. If blood tests are necessary, the detainee is transferred to the fully equipped treatment room for the necessary procedures.

Detainees requiring extended medical observation are held in the observation room for up to ten hours. In cases requiring further medical intervention or extended observation, the detainee is transferred to a public hospital. Dental services are provided by two dentists: a state dentist who holds consultations three times weekly and a private dentist who attends as and when required. The dental room is reasonably well-equipped so much so that regular dental check-ups and even root canal treatments can be provided. Moreover, a gynaecologist visits the Women’s Prison weekly and offers her services to detainees in need. 

Mental healthcare

During the screening process at the induction stage when the detainee is first admitted to prison, a preliminary medical assessment is made regarding the detainee’s mental health generally. This is an area where more attention ought to be focused.

A minimum health care assistance is given to the detainee on a regular basis. At present there is only one psychologist and one trainee psychologist who visit all the prisons. This is clearly inadequate.

Various types of mental health support and treatment are available for women in prison, such as counselling, group therapy, stress and anger management, and psychological assistance. Non-governmental organisations also provide mental health support to women detainees, which includes yoga, meditation, and stress management.

The psychologist and NGOs that provide mental health support to the detainee also provide the same support to the prison staff. As regards the family members of detainees, they may be assisted by NGOs as well. In the past, there was only one full time psychologist in all Mauritius prisons. Following the NPM’s recommendations, an additional full-time psychologist has been recently appointed. The NPM has further recommended that additional psychologists be appointed exclusively for the Women’s Prison(s).

The prison staff do receive some basic training on mental health support/assistance. However, such training may not be termed as ‘specialised’ from a gender perspective and may not be of such standard that would enable the prison staff to offer specialised support to detainees. The NPM has emphasized the importance of properly trained staff. To this end, it has conducted workshops and seminars to train new recruits so that they have the skills to identify and address any issues detainees may face, including gender-sensitive issues. Furthermore, the NPM recommended that more women officers be recruited.   

Women in special situations of vulnerability

Foreign women

The official prison records indicate that more than a half of women in prison are foreigners and most of them are charged with drug dealing offences. The main problem faced by foreign women relates to difficulties in contacting their relatives in their respective countries. Recommendations have been made by NPM so that they can earn sufficient money to afford phone and Skype calls. 

Foreign women have limited or no contact with their respective embassies/diplomatic missions. The NPM often contacts embassies/diplomatic missions in order to assist detainees in whatever way possible. In appropriate cases, the NPM also seeks the assistance of local NGOs in order to enable detainees to obtain essential amenities. 

Foreign women also face challenges in accessing counsel and legal representatives. The NPM assisted detainees with the collaboration of the Mauritius Prison Service to seek legal aid. These contacts enabled them to obtain case updates and facilitated meetings between detainees and their legal counsel and legal representatives.

Moreover, the NPM received several complaints from foreign detainees regarding the unaffordable costs of phone calls to their families. The NPMD raised this issue with the Mauritius Prison Service and the latter reassured the NPM that it will seek the collaboration of Mauritius Telecom, which is the relevant service provider. In the meantime, the NPM recommended that: (i) the frequency of Skype calls be increased; and (ii) income generating opportunities within the prisons be provided to detainees so that they could afford to pay for their phone calls with their earnings. 

In light of the negative impact that separation from family may have on the mental and emotional well-being of foreign women, the NPM has also recommended that regular psychological and psychiatric support be provided to them. 

NPM overview

Facts and figures

Recommendations

Alternatives to detention

Consistent with recommendations from the Committee Against Torture (CAT Committee) in its 7th periodic review of New Zealand in 2023,61 reduce the number of women in prison, in particular those held on pre-trial detention.

Solitary confinement

Consistent with the recommendations of the CAT Committee in 2023, ensure that solitary confinement is used only in exceptional cases as a last resort, for as short a time as possible (and in no case for more than 15 consecutive days for adults), and is subject to proper authorisation, independent review, adequate record-keeping and is otherwise consistent with requirements of the UN Mandela Rules and Bangkok Rules. 

Use of means of restraint and use of force

Prohibit: a) the use of “Cell Buster” pepper spray; b) the use of pepper spray (deployed through any means) in response to passive resistance, in confined spaces, and against individuals who have been identified as high risk (such as minors and those with underlying injuries, mental health issues, respiratory conditions, or pregnancy); and c) the use of restraints following the deployment of pepper spray through any means.

Access to mental healthcare

Provide gender-responsive, trauma-informed measures, including adequate mental health support, to women in prison in accordance with international human rights standards and obligations, including the UN Bangkok Rules.

Indigenous women

Given the huge over-representation of Māori women inprisons, recognise, respect and support Māori tino rangatiratanga (sovereign authority) and self-determination to design and implement their own initiatives to address criminal justice. 

Detention Issues

The Department of Corrections (Corrections) has made efforts to limit the number of women coming to prisons. While these efforts were initially successful, the number of women coming into prison is increasing again. Following a period of substantial growth, with a peak at over 800 women in prison in 2018, the number decreased to 426 in March 2022, but has since risen to over 500.62
In 2021, Corrections began implementing its 2021 – 2025 Strategy: Wāhine - E rere ana ki te pae hou | Women rising above a new horizon.63  Corrections is also developing a gender and culturally-responsive, trauma-informed learning and development pathway to train custodial staff working in women’s prison sites. Despite these initiatives, Te Kāhui Tika Tāngata Human Rights Commission, as Central NPM (CNPM), is concerned that Corrections is not acting with the necessary urgency to address the harms to women experienced under the current prison system, which is not adequately equipped to address the specific needs of women in prison. 
The Office of the Inspectorate64 has produced a series of thematic reports65 about the experience of women within New Zealand prisons and recommended that Corrections reviews its “strategic and operational leadership, resourcing, operating model and service delivery across the women’s prison network (including health services) to enable, and deliver, better outcomes for women, which are critically gender specific, culturally responsive and trauma informed”. 66
New Zealand’s coalition government, formed in November 2023, has advised that it will abolish the previous government’s target to reduce the prison population by 30 percent.67 Corrections will receive increased funding to ensure there is sufficient prison capacity.68  The new government has also undertaken to extend eligibility for rehabilitative programmes to people held on remand. 69
 Body searches

a) Legal and regulatory framework

Under the Corrections Act 2004, Corrections officers are authorised to conduct strip searches70 on women in prison in the following circumstances:71

Strip-searches must be conducted on women:

• On first being admitted to prison;

• When being transferred between prisons;

• Each time they are placed in an at-risk cell.

• Strip searches may be conducted on women:Immediately prior to being locked in a cell under penalty of cell confinement;

• Immediately before leaving prison; 

• On return to prison, such as following temporary release, work placement or appearance before a judicial authority or parole board, or when they have been outside the supervision of a probation or Corrections officer;

• Immediately before and/or after any person visits them;

• If an officer has reasonable grounds to believe they are in possession of unauthorised items;

• If a prison manager has reasonable grounds to believe they have supplied a diluted, tainted or otherwise contaminated drug and/or alcohol test.

Women in special situations of vulnerability

Indigenous women - wāhine Māori

Circumstances leading to detention are often exacerbated for Indigenous women, including wāhine Māori in New Zealand. The legacy of colonisation has caused intergenerational trauma and systemic marginalisation, resulting in higher levels of poverty, financial and social stress, significant gaps in opportunities, increased exposure to alcohol and drug use, historic and continued over-policing and institutional discrimination in law enforcement practices.82 Wāhine Māori are the fastest-growing prison population in New Zealand, rising from less than 10% of women in prison in the 1980s to more than 65% today.83

In his submission to the CAT Committee on New Zealand’s 7th periodic review, the Chief Ombudsman observed:

“It is well-established that Māori women are over-represented in prison and I have observed this during my own inspections. The Office of the Inspectorate’s report found that Māori women aged 20-60 years comprised 15% of the general New Zealand population at June 2020, but for Māori women in prison the figure is 61%. By comparison, Māori men comprised 50% of the prison population. ...I have observed the difficulties that people in custody experience in accessing cultural support. During my 2017 visit to Arohata Upper Prison Māori made up 57% of the prison population and 77% of respondents to my survey said they were unable to access cultural services.

United Nations bodies have consistently raised concerns about the over-incarceration of wāhine Māori and have recommended that the government address discrimination within the criminal justice system and provide alternatives to detention to reduce the high number of Māori detainees.84

Through Te Tiriti o Waitangi, the founding constitutional agreement between Māori and the British Crown in 1840, the government has obligations to support better outcomes for wāhine Māori and to provide conditions that are culturally appropriate to the needs of those in prison. The New Zealand NPM agencies have made a collective commitment to explore the relationship between their OPCAT monitoring functions and the role of Te Tiriti when monitoring places of detention in New Zealand.85 There is an urgent need to address conditions that expose wāhine Māori to heightened risk of systemic discrimination, torture and ill-treatment in prison, including the need to improve:

support for ongoing contact with whānau,86 hapū87 and iwi;

access to rehabilitative, educational and vocational programmes which must adapt to meet cultural needs;

policies, practices and staff training programmes which must respect customs, beliefs and practices and not be applied in the same manner to everyone;

elimination of discriminatory practices against wāhine Māori, e.g. disproportionately subjected to solitary confinement and disciplinary measures;

reintegration and post-release support which should address systemic economic and social marginalisation of Indigenous women. 

Prominent Māori advocates have called for the government to support self-determination through Māori models of justice.88 Such models could embed tikanga Māori (customs and practice) and shift focus from punishment to restoring mana (dignity), achieving balance through reciprocal engagement, and restoring women back to their whānau (families) and communities.89