Foreword
In 2016, the Human Rights Commission invited Dr Sharon Shalev to
undertake a review of seclusion and restraint practices in New Zealand’s
places of detention. Her 2017 report, Thinking Outside the Box: A Review of
Seclusion and Restraint Practices in New Zealand, contained an extensive suite
of recommendations to improve policies and practices in New Zealand. Her
2020 follow-up report, Time for a Paradigm Shift, reviewed progress made
against her 2017 recommendations.
We welcome Dr Shalev’s latest report, First, Do No Harm: segregation,
restraint and pepper spray use in women’s prisons in New Zealand, which
turns a spotlight on women’s experiences in prison and builds upon the
findings in her previous reports. The report underscores the vulnerability of
women prisoners, many of whom have experienced high levels of trauma and
socio-economic deprivation throughout their lives.
This report is a timely call for compassion and care toward some of our most
vulnerable.
Me aro ki te hä o Hine-ahu-one – Pay heed to the mana of women
Women in our prisons have the human right to be treated with respect for
their inherent mana and dignity.
All women in prison should enjoy the human rights protections contained
in the Universal Declaration of Human Rights; the International Covenant
on Economic, Social and Cultural Rights; the Standard Minimum Rules for
the Treatment of Prisoners; the Convention Against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment; and the Convention on
the Elimination of All Forms of Discrimination against Women. The genderspecific rights of women prisoners are further protected under the United
Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the ‘Bangkok Rules’).
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