Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
doctor, access to a lawyer and the notification of rights. A thematic report was issued in 2020 with
recommendations addressed to the relevant authorities.77
3.3. Other safeguards to protect women in detention
A number of additional measures can contribute to reducing the risk of torture and ill-treatment for
women and respond to their specific needs, in line with the Nelson Mandela Rules and the Bangkok
Rules, including:
• separating male and female detainees
• ensuring women prisoners are attended and supervised only by women staff
• strictly regulating security and safety measures: for example, body searches should be limited
to a minimum and conducted by staff of the same sex; no shackling and handcuffing of
pregnant women, women in labour or after childbirth
• providing for gender-specific health care and hygiene needs, including pre- and post-natal
care, equivalent to the care available in the community.
Furthermore, an important systemic safeguard is to divert women out of detention by ensuring
gender-specific non-custodial alternatives wherever possible.78 Recognising that many women in the
criminal justice system do not pose a threat to society, this measure can protect women from the
risks they face in detention and avoid the disproportionately negative impact of imprisonment on their
rehabilitation and children’s lives79.
KEY POINTS: CHAPTER 3
• NHRIs can promote ratification of relevant international human
rights treaties, such as the Convention against Torture and its
Optional Protocol.
• NHRIs can promote legal reform, in particular making torture a
crime under domestic law.
• NHRIs can promote reform of detention procedures.
• NHRIs can promote laws and safeguards to protect women and
other groups in situations of vulnerability from torture.
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77
See: https://www.gub.uy/institucion-nacional-derechos-humanos-uruguay/comunicacion/publicaciones/garantiasprimeros-momentos-detencion-unidades-policiales-uruguayas
78
As recommended by Rule 58 of the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for
Women Offenders (Bangkok Rules).
79
Penal Reform International, Women in detention: Putting the UN Bangkok Rules on women prisoners into practice (2017).