Condensed entry: Men and women shall as far as possible be detained in separate institutions. In an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate. Women prisoners shall be guarded exclusively by female prison staff. For medical examination or treatment a female doctor or nurse should be used if requested. Searches of women prisoners shall only be carried out by female staff. Comprehensive entry: Article 8(a) of the Standard Minimum Rules of the Treatment of Prisoners provides: ‘Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate’. [1] Female prisoners shall be guarded exclusively by female prison staff.[2] This does not ‘preclude male members of staff, particularly doctors and teachers, from carrying out their professional duties in institutions or part of institutions set aside for women.’[3] To the extent that male staff is allowed in women’s prisons ‘they should never be employed in contact positions responsible for the direct supervision’.[4]For medical examination or treatment a female doctor or nurse should be used if requested. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide:[5] 1. Gender-specific health-care services at least equivalent to those available in the community shall be provided to women prisoners. 2. If a woman prisoner requests that she be examined or treated by a woman physician or nurse, a woman physician or nurse shall be made available to the extent possible, except for situations requiring urgent medical intervention. If a male medical practitioner undertakes the examination contrary to the wishes of the woman prisoner, a woman staff member shall be present during the examination. (See *adequate medical services in detention*). Searches of female prisoners shall only be carried out by women staff.[6] In a report on a mission to Mozambique, the Special Rapporteur on Prison and Conditions of Detention in Africa noted that in Maotize Prison men and women ‘are only theoretically segregated at night as the door of the women’s cell cannot be locked’[7] In her report on a mission to the United States the UN Special Rapporteur on Violence against Women reported that six female prisoners were taken to the male wing of a prison in California. The cell doors were kept open and male prisoners came in and raped the women. One of the women alleged that the prison guards were paid by the male prisoners.[8]
[1]See also European Prisons Rules art 18(8)(b); Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas principle XIX; Concluding Observations: Burundi, CAT/C/BDI/CO/1 (2007) para 17; Concluding Observations: Democratic Republic of the Congo, CAT/C/DRC/CO/1 (2006); Concluding Observations: Yemen, CEDAW/C/YEM/CO/6 (2008) para 43.
[2] SMR 53; Concluding Observations: Burundi, CAT/C/BDI/CO/1 (2007) para 17; Concluding Observations: Yemen, CEDAW/C/YEM/CO/6 (2008) para 43.
[6] United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) rule 19. Cf Ali v Tunisia communication 291/2006 (CAT2008) para 3.8.
[7] Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Prisons in Mozambique, second visit, April 4-14, 2001, 11.
[8] Special Rapporteur on Violence against Women, E/CN.4/1999/68/Add.2 (1999), para 13.
Men and women shall as far as possible be detained in separate institutions. In an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate. Women prisoners shall be guarded exclusively by female prison staff. For medical examination or treatment a female doctor or nurse should be used if requested. Searches of women prisoners shall only be carried out by female staff.
Comprehensive entry:
Article 8(a) of the Standard Minimum Rules of the Treatment of Prisoners provides: ‘Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate’. [1]
Female prisoners shall be guarded exclusively by female prison staff.[2] This does not ‘preclude male members of staff, particularly doctors and teachers, from carrying out their professional duties in institutions or part of institutions set aside for women.’[3] To the extent that male staff is allowed in women’s prisons ‘they should never be employed in contact positions responsible for the direct supervision’.[4]For medical examination or treatment a female doctor or nurse should be used if requested. The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) provide:[5]
1. Gender-specific health-care services at least equivalent to those available in the community shall be provided to women prisoners.
2. If a woman prisoner requests that she be examined or treated by a woman physician or nurse, a woman physician or nurse shall be made available to the extent possible, except for situations requiring urgent medical intervention. If a male medical practitioner undertakes the examination contrary to the wishes of the woman prisoner, a woman staff member shall be present during the examination.
(See *adequate medical services in detention*).
Searches of female prisoners shall only be carried out by women staff.[6]
In a report on a mission to Mozambique, the Special Rapporteur on Prison and Conditions of Detention in Africa noted that in Maotize Prison men and women ‘are only theoretically segregated at night as the door of the women’s cell cannot be locked’[7]
In her report on a mission to the United States the UN Special Rapporteur on Violence against Women reported that six female prisoners were taken to the male wing of a prison in California. The cell doors were kept open and male prisoners came in and raped the women. One of the women alleged that the prison guards were paid by the male prisoners.[8]
[1]See also European Prisons Rules art 18(8)(b); Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas principle XIX; Concluding Observations: Burundi, CAT/C/BDI/CO/1 (2007) para 17; Concluding Observations: Democratic Republic of the Congo, CAT/C/DRC/CO/1 (2006); Concluding Observations: Yemen, CEDAW/C/YEM/CO/6 (2008) para 43.
[2] SMR 53; Concluding Observations: Burundi, CAT/C/BDI/CO/1 (2007) para 17; Concluding Observations: Yemen, CEDAW/C/YEM/CO/6 (2008) para 43.
[3] SMR 53(3).
[4] United Nations Office on Drug and Crime Handbook for prison managers and policy makers on women and imprisonment (2008) 104.
[5] Rule 10.
[6] United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) rule 19. Cf Ali v Tunisia communication 291/2006 (CAT2008) para 3.8.
[7] Report of the Special Rapporteur on Prisons and Conditions of Detention in Africa, Prisons in Mozambique, second visit, April 4-14, 2001, 11.
[8] Special Rapporteur on Violence against Women, E/CN.4/1999/68/Add.2 (1999), para 13.