Oasis International School Model United Nations

United Nations Commission on the Status of Women

President: Yasmine Wagdy

Vice-president: Mariam El Rakhawy

Guiding Package

Topic 1: Measures to protect incarcerated women against discrimination and violence

13th annual conference OISMUN October 2020

Table of Contents :

I. Abstract…………………………………………………………………………………3

II. Introduction……………………………………………………………………………..4

III. Definition of Key Terms………………………………………………………………..

IV. Background Information…………………….………………………………………....5

V. Major Countries and Organizations Involved………………………………………..

VI. UN Involvement………………………………………………………………………...

VII. Possible Solutions………………………...…………………………………………..

VIII. Guiding Questions………………………...…………………………………………..

IX. Useful Links………………………...……………………………………………...…..

X. Bibliography………………………...……………………………………..…….……..7

I. ABSTRACT

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According to research published by the Institute for Criminal Policy Research at

Birkbeck, the University of London, around the year 2000, the female prison population

increased by 50%, while the male prison population only increased by 20%.

Women frequently encounter gender-based discrimination within criminal justice

system1. They face injustices, discrimination, and coersion2 at a higher rate than men. In

fact, the imbalance of power between the female inmates and the guards leads to the

use of direct physical force due to the prisoners’ total dependency on the officers for

basic necessities like personal hygiene products or gender specific medical attention;

and the guards’ ability to withhold certain privileges. Women often end up being coerced

into sexual acts for favors including extra food or even to avoid punishment they do not

deserve. Female prisoners also tend to face longer sentences3, compared to men who

are convicted of similar crimes. In addition, female prisoners tend to have a history of

suffering from violence, and are separated from their children and their roles as

caregivers. In fact, according to the World Health Organization, around 10 000 babies

and children in Europe are estimated to be affected by their mother’s imprisonment

since they are the primary or sole carers for these children. Therefore these females are

in need of gender oriented mental health help whilst in prison.

II. INTRODUCTION

1 Shura is an Arabic word for "consultation". The Quran encourage Muslims to decide their affairs in consultation with those who will be affected by that decision2 A tribal cultural system that predates modern-day written or fixed-laws and is conducted to settle disputes among the Pashtun people3https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-9/key-issues/1--gender-based- discrimination-and-women-in-conflict-with-the-law.html

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While imprisonment is a form of punishment as a result of committing a crime, it

is also a chance at rehabilitation. Its sole purpose is not to punish criminals, but rather

to teach them how to become better human beings. Hence, their right of feeling safe to

be treated equally should be respected.

In fact, we all have a right to live our lives free from violence and discrimination;

and this right isnt conditional and should be respected even within the walls of a prison.

However, this is not the case. Incarcerated women still live in constant fear due

to the exposion of female prisoners to violence and discrimination in prison, detention

centers, and jail. The unsafe environment, the violence and the discrimination that

female prisoners face has lead the United Nations to apply international laws that

prohibits any sort of violence that may have an impact on the victim.

Since 1980, the rate of incarcerated women was nearly eight times higher than

men. In the United States, the number of incarcerated women increased from 26,378 in

1980 to 225,060 in 2017.

Discriminating and using violence against female prisoners is an issue that

violates the idea of diversity, inclusion, and equity.

Due to their small number amongst the prison population, the specific needs of

women as subjects of the criminal justice system have tended to remain

unacknowledged and unaddressed. The system is designed for the majority of the

prison population; men. From the architecture of prisons, to security procedures, to

facilities for healthcare family contact, work and training. As a consequence, few prisons

meet the specific needs of women prisoners and often don't prepare them for release

with gender appropriate rehabilitation. Additionally, according to the World Health

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Organisation4, 80% of women prisoners have mental illnesses. However, their need for

special mental health help is often overlooked and unaddressed. Therefore, women are

being exposed to danger due to the use of violence in prison which makes female

prisoners rights a concern.

III. DEFINITION OF KEY TERMS

1. Incarceration : the state of being confined in prison

2. Law enforcement : the action or activity of compelling observance of or

compliance with the law

4 The action or practice of persuading someone to do something by using force or threats

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3. Status offences : laws prohibiting certain actions to persons based on their sex,

race, nationality, religion, age etc

4. Moral offenses : Moral offenses often involve behavior between two consenting

adults with no immediate victims to bring charges. This is why moral offenses are

sometimes referred to as victimless crimes.

5. Coercion : The action or practice of persuading someone to do something by

using force or threats

6. Criminal justice system : The system of law enforcement that is directly involved

in apprehending, prosecuting, defending, sentencing, and punishing those who

are suspected or convicted of criminal offenses.

IV. BACKGROUND INFORMATION

a. History of the topic

Women who violated the law immediately lost their subservient position and were

known as criminals especially in the Western society. In the seventeenth and eighteenth

century, female prisoners faced severe, inhumane punishments for their actions :

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serious offenders were either physically punished, put to death by hanging or burnt

alive. However, less serious offenders faced social punishments such as humiliation.

These extreme measures of punishment were mainly taken because of their gender,

and not necessarily the crime that has been committed : the laws were more lenient

towards men accused of the same or similar crimes.The Western society still used

violence and force as a way of justice, however, in the 19th century, the Western

society began considering alternatives to them. Women either went to Houses of

Correction, workhouses, or transported to colonies. The Houses of Correction and the

workhouses were usually used by the underclass. Additionally, they were used to

confine less serious offenders.

Women would be sent to bridewells, poorhouses or nunneries by their fathers or

husbands in order to punish them for their disobedience. Transportation was another

alternative to death penalties which was adopted mostly in Western Europe. In the

1700, England transported 60% of the convicted offenders to work as servants in

America and Australia, 12 to 20% were women.

b. TITLE

Incarcerated women constantly face difficulties in accessing justice in many

countries because of their gender. This is due to several factors, including the fact that

women don't enjoy many of their economic and social rights, which hinders their access

to justice. Many women in the criminal justice system are uneducated and are from poor

sectors of the society. Hence, these women are not only incapable of affording a legal

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representation and aid, and they are unaware of their legal rights. Consequently, this

puts women in a vulnerable position which may lead to signing statements that are

being open to coercion. In addition, the absence of a legal representation may also

cause a serious delay in the criminal justice process, and a lower chance for the

defendants to receive bail. Moreover, women are more likely to be convicted of minor

crimes which relate to violating customs and norms that made their way into law; and

they end up facing imprisonment for so-called “moral” crimes which are not criminal in

nature, such as escaping the family house to avoid a forced marriage or seek

independence.

Additionally, women are exposed to violence in detention which may lead to

confessing to a crime they never committed. Furthermore, foreign women are more

vulnerable since they face difficulties due to language barriers, lack of social network to

assist them in some cases, and the fact that they are less aware of their legal rights in

the foreign country which leads to a higher chance of violence.

Imprisonment tends to generate new mental health problems or exacerbate

existing ones. Moreover, women’s role in most communities are “carers” of their families

and the sudden change of role from caregiver to criminal and the isolation from their

loved ones tends to negatively affect their mental well-being. Consequently, research in

some countries has found that mental disabilities among female prisoners are more

common compared to male prisoners, and that women are much more likely than men

to harm themselves or to attempt suicide, which highlights the need to provide

appropriate mental health services oriented to the gender-specific needs of women

offenders.

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Female prisoners are at risk of being abused if being supervised by male staff.

Therefore, their mental health becomes exacerbated5. In some countries, the majority of

the staff are male staff due to the lack of female prison staff, or promoting equal

employment opportunities.

presence of a male figure in areas where women shower, eat, and sleep lead to

a complete deprivation of privacy and causes trauma.

V. INVOLVEMENT OF THE UNITED NATIONS

The United Nations contributed in many ways to aid all female prisoners who are

exposed to violence and discrimination. The UN General Assembly adopted the United

Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for

Women Offenders also known as the Bangkok Rules in 2010. The Bangkok rules focus

more on the acts of violence, victimization, powerlessness to bargain or plea, health

problems and separation from children. In addition, the Office of the United Nations

High Commissioner for Human Rights advocates States to adopt the Bangkok rules.

OHCHR provides various recommendations that can improve prison conditions for

women.

VI. MAJOR COUNTRIES AND ORGANIZATIONS INVOLVED

a) Major countries involved :

- Afghanistan :

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The lives of the vast majority of Afghans are ruled by customary law and they

regard jirga6 decisions as the law and condemn anyone who refuses to accept these

decisions. In all regions of Afghanistan, disputes and crimes are tried and resolved by a

council of elders (jirgas or shuras7) which is made up exclusively by men. Women

cannot approach the informal justice system without the assistance of a male relative;

which considerably limits their ability to bring up certain issues to the council. Moreover,

UNIFEM developed a paralegal programme in partnership with the MOJ, Ministry of

Interior (MOI), MOWA, Afghan Women’s Network and Kabul University, to increase the

legal information and support available to women in more remote areas of Afghanistan

- Egypt :

When it comes to pressing charges, discrimination exsits between men and

women in Egypt. For example when it comes to proving the offense of adultery8 and the

punishment thereof : according to the egyptian law, a man cannot be convicted of

adultery except if the act was committed at the conjugal9 home; while a woman can be

convicted of the same crime no matter where the act was committed. Moreover,

according to Article 277 of the Egyptian Penal Code regarding adulterous acts, a man

could face a sentence of six months in prison, while a woman would receive a sentence

of two-year imprisonment. Additionally, the punishment of the wife is harder if she

murders her husband upon catching him in the act of adultery, whereas the punishment

6 voluntary sexual intercourse between a married person and a person who is not their spouse7 Conjugal means relating to marriage8 https://nazra.org/en/2017/01/violence-has-many-prisons-look-women%E2%80%99s-experiences-prisons-and-detention-centers-egypt9 make (a problem, bad situation, or negative feeling) worse.

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of the husband in the reverse situation is mitigated under the pretext of “defense of

honor”.10

- Turkey :

As the result of a widespread campaign initiated and coordinated by women’s

groups all around Turkey, in 1996 Article 441 of the Penal Code regulating adultery by

men and two years later, in 1998, Article 440 of the Penal Code regulating adultery by

women were annulled by the Turkish Constitutional Court on grounds of violating the

constitutional principle of equality before the law

- Thailand :

In Thailand, in mid-2005, women prisoners comprised 17.2 percent of the overall

prison population, which was an exceptionally high proportion in comparison to other

countries worldwide. The ratio of female prisoners convicted of drug-related offences

had risen to 88 % of the total female prison population. The government responded to

the situation with the implementation of the Narcotic Addict Rehabilitation Act, which

stipulates diversion from prosecution and compulsory treatment for drug abusers. As a

result the prison population was reported to show a decreasing trend.

- Russia :

In Russia, federal legislation allows for mothers of children under the age of 14

and pregnant women who have been convicted of less serious offences to have their

sentences deferred, shortened or revoked. Female prisoners who are pregnant or who

have young children and who are imprisoned for less serious offences may have their

sentences deferred until their children have reached the age of 14. 10 https://apps.who.int/iris/bitstream/handle/10665/107931/E92347.pdf;jsessionid=2D6889F14F849E0B4EE72D1E796F50D6?sequence=1

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b) Major organizations involved :

- Women’s Prison association :

WPA’s a nonprofit organization management, it’s main purpose is to help out

women who are involved in criminal justice. They offer alternatives to incarceration, and

they help out women who live in the community to avoid getting arrested or

incarcerated. Inside prison and jail, they support women, and they are a resource to

them as they plan for release. Women come to WPA to find safe and affordable

housing; prepare for job interviews and obtain employment; reunify with their children;

Comply with criminal justice mandates and live safe and law-abiding lives; Access

addiction, health, and mental health services; Gain peer support from other women;

Learn household budgeting and skills for daily life.

In fact, WPA has created a community and home-based program called

JustieHome as an alternative to incarceration. JustieHome is designed to support

women so they can stay in their communities rather than serving time in jail or prison.

- Penal Reform International

PRI is a non governmental organisation that works to promote the criminal justice

systems that uphold human rights. PRI works to make sure that criminal justice systems

are non-discriminatory and protects the rights of all kinds of people. Additionally, they

ensure the fairness and effectiveness of criminal justice.

PRI has noticed the sudden increase of the numbers of female prisoners, and

their exposure to violence and discrimination. Hence, PRI pressed criminal justice

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systems to adopt a gender-sensitive approach to meet the female prisoners' needs and

to protect their rights. In addition PRI promotes alternatives to detention. However,

when detention is necessary they work to improve and humane conditions.

Possible solutions

1. Encourages all states to establish alternatives to imprisonment.

2. Recommends that governments should agree and sign international treaties that

ensure the safety of female prisoners.

3. Requests that all organizations engage in the implementation of the Bangkok

rules.

Guiding questions

1. What is your country’s position on the subject?

2. How can we ensure the safety of incarcerated women?

1. How can we ensure that female offenders are receiving fair trials for the crimes

they have committed?

2. How can you combat the injustices and discrimination that female prisoners face

in your country?

3. How can you prevent or limit the male prison guards from using their gender as a

way to coerce female prisoners with the use of violence?

4. Does your country condemn security officers for their excessive use of force or

coercion?

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5. What programs or measures should wardens11 implement in their prisons in order

to better accommodate the needs of women?

6. How can we ensure that women’s health needs are met in prison?

Useful links

United Nations Office on Drugs and Crimes, “Women and imprisonment”, 2014 -

[consulted the 27th of July]. Available at:

https://www.unodc.org/documents/justice-and-prison-reform/

women_and_imprisonment_-_2nd_edition.pdf

https://www.ohchr.org/Documents/Publications/training11Add3en.pdf

http://www.peacewomen.org/assets/file/Resources/NGO/

HR_Prisoners_QUNO_2008.pdf

Bibliography :

United Nations Office on Drugs and Crimes, “Women and imprisonment”, 2014 -

[consulted the 27th of July 2020]. Available at:

https://www.unodc.org/documents/justice-and-prison-reform/

women_and_imprisonment_-_2nd_edition.pdf

11 a person responsible for the supervision of a prison

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The Sentencing Projects, “Incarcerated women and girls”, 6 June 2019 - [consulted the 27th of

July 2020]. Available at:

https://www.sentencingproject.org/publications/incarcerated-women-and-girls/

KAJSTURA Aleks, “Women’s mass incarceration: the whole pie 2019”, 29 October 2019 -

[Consulted the 28th of July 2020]. Available at:

https://www.prisonpolicy.org/reports/pie2019women.html

World Prison Brief, “World Female Imprisonment List”, 9 November 2017 - [Consulted

the 25 of July 2020]

https://www.prisonstudies.org/news/world-female-imprisonment-list-fourth-edition

Penal Form International, “Discrimination of women in criminal justice systems”, January

2012 - [consulted 23 July 2020]. Available at:

https://cdn.penalreform.org/wp-content/uploads/2013/08/BRIEFING-Discrimination-

women-criminal-justice.pdf

Anonyms, “Female inmates: Discrimination ehind bars”, 5 July 2017 - [consulted 21 July 2020].

Available at:

https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/THA/

INT_CEDAW_NGO_THA_27718_E.pdf

MCCARTHY Nial, “Nearly A Third Of All Female Prisoners Worldwide Are Incarcerated In

The United States”, 23 Septemer 2014 - [consulted 20 July 2020]. Available at:

https://www.forbes.com/sites/niallmccarthy/2014/09/23/nearly-a-third-of-all-female-

prisoners-worldwide-are-incarcerated-in-the-united-states-infographic/#4ccd066d10af

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- https://cdn.penalreform.org/wp-content/uploads/2013/06/brf-03-2008-women-in-prison-

en.pdf

- https://www.penalreform.org/blog/why-are-women-prisoner-numbers-rising-so-rapidly/

- https://www.unodc.org/documents/justice-and-prison-reform/

Bangkok_Rules_ENG_22032015.pdf

- https://www.ohchr.org/Documents/Publications/training11Add3en.pdf

- https://www.ohchr.org/Documents/Issues/Women/WRGS/OnePagers/

Women_and_Detention.pdf

- https://www.euro.who.int/en/health-topics/health-determinants/prisons-and-health/focus-

areas/womens-health/10-things-to-know-about-women-in-prison

- https://www.unodc.org/documents/justice-and-prison-reform/

Bangkok_Rules_ENG_22032015.pdf

- https://www.wpaonline.org

- https://www.penalreform.org/about-us/

- https://www.encyclopedia.com/law/legal-and-political-magazines/prisons-prisons-

women

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