Women in Prison: A Transnational Perspective

Abstract

Women are a rapidly growing minority in prisons. Prison systems, however, have always been determined by the behaviour of men. The 2010 UN Bangkok Rules form a body of rules that is specially aimed at the needs of women in prison. Being the first international instrument on this subject, the Bangkok Rules can be considered a milestone.

The chapter constitutes Part I of volume 46 if the International Penal and Penitentiary Foundation (IPPF), i.e. P.H.P.H.M.C. van Kempen & M.J.M. Krabbe (eds.), Women in Prison. The Bangkok Rules and Beyond/Femmes en prison. Les règles de Bangkok et au-delà, Cambridge/Antwerp/Portland: Intersentia, 2017). It provides an account of the international and human rights framework relevant to women in prison. Next, the applicability of this framework on women in prison in 23 respondent States is discussed. It further more offers statistics on women in prison. In addition, several criminological factors relevant to women in prison are discussed. As to future challenges regarding the theme of women in prison, four subjects are discussed: topics that need immediate attention from governments, opportunities for implementation beyond the requirements of the Bangkok Rules, areas relevant to women in prison that have not been included in the Bangkok Rules, and increasing the legal weight and scope of the Bangkok Rules. Furthermore, the relationship between international (human rights) standards and practice is addressed. It also contains information on various strengths and weaknesses of domestic systems. Although the overview offered is based on the information provided in the 23 national chapters and thematic contributions of the volume to which the chapter belongs, additional materials have been included when of supplementary value.

The volume focuses on the topic of women in prison in general, and on the Bangkok Rules in particular. The volume comprises an introductory chapter, seven thematic chapters, and 23 chapters dedicated to individual countries around the world. Themes discussed in these chapters include, among others, the (international) human rights framework applicable to women in prison, statistics and criminological factors relevant to women in prison, and the actual conditions of women in prison worldwide. An extensive collection of expert knowledge, this volume intends to highlight both good practice in the context of women in prison and the many challenges that lie ahead.

Keywords: women, prison, human rights, international law, comparative law, national law