For this to be realised, the use of prolonged segregation has to stop, and there
needs to be a sea-change in the way in which behaviours are interpreted and
responded to by staff, and the way in which women perceived to be ‘risky’, to
themselves or to others, are treated.
Violations of women’s physical integrity including unnecessary strip searches,
the application of restraints, and the demand for degrading ‘protective’ clothing,
must stop. These practices are divisive and humiliating, and rather than
protecting, they distress and can aggravate an already difficult situation.
The continued marginalisation of women, in particular women of colour and
indigenous women, is also made possible by:
“The presence of certain legitimizing beliefs, many of which pertain to the
presumed dysfunction of women in need of discipline. The structural and
discursive abandonment of women of color – the normalization of their
socioeconomic marginality alongside the renewed fantasies of gender
normativity – are key elements sustaining the beliefs that “people with
problems are problems.”61
Such attitudes and beliefs need to be challenged and changed. Women who selfharm or are deemed to be at risk of suicide should not be segregated, but placed
in a supportive, therapeutic environment, with access to group orientated
activities, mental health support and therapies.
The harsh conditions of prolonged solitary confinement in Separates and
Management Units are similarly inappropriate, and grossly disproportionate to
the risk posed by the women incarcerated in them.
I believe that the unit at ARWCF should not continue to operate in its current
form. Instead, it could be transformed into a trauma-informed, therapeutic
community, where women could access communal programmes and tools to
address any individual issues and needs.
Corrections need to have a close and unflinching look at the way in which Mäori
and Pacific women in particular are managed in prison. The laudable aspirations
expressed in the various policy statements need to be backed by practical,
specific, radical policy and practice changes on the ground.
Concluding her written statement to the Royal Commission on Abuse in Care,
Professor Tracey McIntosh observed that:
“In listening to and understanding the voice of survivors and their whänau
61
56
Crenshaw, K. W. (2011). From private violence to mass incarceration: Thinking intersectionally about
women, race, and social control. UCLA Law Review, 59, 1418. (Citations omitted).