Executive summary
This report, First, Do No Harm: segregation, restraint, and pepper spray use
in women’s prisons in New Zealand was written by Dr Sharon Shalev at the
invitation of the Human Rights Commission. It follows Time for a Paradigm Shift:
a follow up review of seclusion and restraint practices in New Zealand (Human
Rights Commission, 2020), and the concerns identified in that report regarding
the use of solitary confinement and force against women in prison, particularly
Mäori women. This report is informed by data obtained during the preparation
of the Paradigm Shift report from the Department of Corrections in the 2019
calendar year, as well as observations by the author during a visit to Auckland
Region Women’s Corrections Facility (ARWCF) in July 2020.
This report shines a light on harmful practices in women’s prisons in New
Zealand. It finds that while there have been some encouraging policy
developments in recent years, such as the Department of Corrections Change
Lives Shape Futures: Wahine – E rere ana ki te Pae Hou (Women rising above
a new horizon): Women’s Strategy 2017–2021 and the Hökai Rangi: Ara
Poutama Aotearoa Strategy: 2019-2024 with its commitment to kaupapa
Mäori approaches, deep challenges remain. In particular, the report identifies a
worrying gap between policy statements and practices on the ground. Despite
the recognition of the different and complex needs of women in prison,
segregation (solitary confinement) and use of force practices applied in men’s
prisons are replicated in women’s prisons, often in response to minor incidents.
The report calls for a unique response that: centres around the particular
needs and challenges of women; reflects women’s distinctive roles within their
families and communities; minimises the harm caused by segregation and use of
force against women. By focusing on the detail of practices in these areas and
the degree of their compatibility with big-piece statements, this report seeks to
help facilitate a transition in attitudes and practices on the ground.
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