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Conditions:
• Pregnant women and those who are nursing report problems with accessing proper health care and nutrition while they are detained.
• Any lack of accountability over jail staff leaves women vulnerable to the danger of rape, sexual assault, and other abuse from jail staff or other inmates.
• Researchers have found that mothers who are asylum seekers are more likely to give up on their claim if they are detained and separated from their children.
Applicable Human Rights Instruments:
• The Declaration on the Elimination of Violence Against Women provides all women with equal protection under the law, the right to the “highest standard attainable” for physical and mental health care, and the right not to be subjected to torture or other cruel, inhumane or degrading treatment (Article 3).
• The Convention on the Elimination of all Forms of Discrimination Against Women calls for governments to ensure that women who are incarcerated during a pregnancy or post-natal period receive free services when necessary, as well as adequate nutrition (Article 12).
• Women should be detained in facilities where the personnel is trained on the prohibition against torture by education and information (Article 10 CAT).
Declaration on the Elimination of Violence Against Women
Convention on the Elimination of all Forms of Discrimination Against Women
Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT)
