ACTION PROGRAMME FOR GENDER

EQUALITY IN THE PENITENTIARY ENVIRONMENT

ACTION PROGRAMME FOR GENDER

EQUALITY IN THE PENITENTIARY ENVIRONMENT

General Objectives

4. Getting a prison environment free of a gender discrimination ratio

1. Identifying the characteristics of women inmates

2. Meeting their specific needs

3. Eradicating gender violence

International Legal Sources• Legislation of the Human Rights Committee.

• New European Prison Rules (Rec. 2006)2 of the Committee of Ministers of Member States.

• General Report of the European Council, based on the Committee for Torture Prevention and Other Degrading Treatment.

• European Parliament Resolution, March 13th , 2008.

• Resolution of the Economic and Social Council of the United Nations, E/CN,15/2009L3.

• Law 39/99, 5th of November, promoting the reconciliation between work and family life of working people.

• Organic Law 1/04, 28th of December: Integral Protection Measures against Gender Violence.

• Organic Law 3/2007, 22nd of March, for Men and Women’s Effective Equality.

Spanish Legal Sources

Outstanding Studies

• MIP Investigation Project: “Women, Integration and Prison” (2005). Analysis of the processes of socio-labour integration of women in prison in Europe.

• “International Study on Women Prison System. Evaluation, needs assessment and best practices”. Dünkel, F.; Kestermann, C. and Solondek, J. (2005). University of Greifswald.

• SURT Group: “Violence against Women. Analysis among the female prison population” (2005)

Outstanding Studies

• Andalusian Ombudsman’s Report, about “women prisoners in Andalusia” (2006)

• Studies and Research from the approach of Critical Criminology.

•Good prison practices

A) Caused by their lower numerical presence:

•Distance and geographical dispersion.

•Worst conditions on architecture, livability and accomodation.

•Lack of internal classification’s criteria.

•Difficulty of access to certain areas and services.

Differential characteristics of women inmates in Spain. Sources of discrimination.

B) Caused by their criminal profiles:

• Less criminally sophisticated.

• Longer sentences.

• Increased application of initial classifications and progressions to an Open Life Regime (positive discrimination).

C) Caused by their lower level of conflict: • Masculine management of the centers, inflexibility.

Excessive control and prohibitions.

• Better social climate. Order and cleanliness.

• In relation to the roles that are assigned to them:– Training and Education based on gender roles.– Domestic-type work, worst paid or rejected in male’s

departments.

• Coexistence and solidarity.

• Ignorance towards their needs and demands. Lack of specific programs based on their gender difference.

1. ORGANIZATION ACTIONS1. ORGANIZATION ACTIONS

2. PERMANENT OBSERVATORY TO ERADICATE GENDER DISCRIMINATION

CAUSES

2. PERMANENT OBSERVATORY TO ERADICATE GENDER DISCRIMINATION

CAUSES

3. INTEGRAL ATTENTION TO THE NEEDS OF IMPRISONED AND RELEASED WOMEN

3. INTEGRAL ATTENTION TO THE NEEDS OF IMPRISONED AND RELEASED WOMEN

4. PLANS TO FACILITATE THE ERADICATION OF GENDER VIOLENCE AND TO DECREASE ITS

CONSEQUENCES

4. PLANS TO FACILITATE THE ERADICATION OF GENDER VIOLENCE AND TO DECREASE ITS

CONSEQUENCES

122 ACTIONS

1. ORGANIZATION ACTIONS

•Institutional involvement of social agents on Action Plans for Equality.

•Introducing gender perspective in prison policies.

•Adapting staff policies to Equality Plans and Family Reconciliation Laws.

•Incorporating Gender Policies to staff management and to their training programs.

•Promoting legal changes on gender equality that reduce family costs, and the greater suffering of women during their imprisonment.

2. CREATING AN EQUALITY ACTIONS PLAN OBSERVATORY

•Monitoring the fulfilment, development and execution of the Actions Plan for Equality.

•Encouraging studies and working groups.

•Acting as a consultant and inspection organ, taking into account what is considered relevant in terms of gender equality.

•Developing and implementing management analysis methods to assess periodically women´s imprisonment conditions in comparison to men´s.

•Incorporating the analysis of gender impact on reports and on general decisions.

•General Plan to adapt the architecture structures to women’s needs.

•Adapting the penitentiary regime to women’s characteristics.

3.1. ATTENTION TO PERSONAL NEEDS-Personal history with many social discrimination factors.

-Imprisonment increases the factors of exclusion.

-Educational, training and labour deficits.

-Lower self-esteem.

-Psychological dependence on the male figure. Very frequently subject to abuses and ill-treatment.

-Lack of competition.

-Early exposure to criminal models.

-Break-up of maturing and social process.

3.2. ATTENTION TO FAMILIAR

NEEDS

Guilt, distress and uncertainty towards family responsibilities.

Fear of the possibility of irreversible consequences on their family networks.

More painful imprisonment: personal problems invading their existence.

Deterioration of family ties due to distance.

Single-parent families.

High number of gypsy and foreign women.

“Intervention Programme for Women Victims of Gender Violence”

“Intervention Programme for Women Victims of Gender Violence”

4. PLANS TO FACILITATE THE ERADICATION OF GENDER VIOLENCE AND TO DECREASE ITS CONSEQUENCES

Being a Woman

1. Reducing imprisoned females vulnerability, generally, towards suffering situations of violence and/ or dependence.

2. Specific programs for women who have suffered gender violence:

3. Intervention programs for persons who have been sentenced for crimes related to domestic violence (usually men).

General actions to promote an open environment for women inmates. Mechanisms of positive discrimination.

General actions to promote an open environment for women inmates. Mechanisms of positive discrimination.

Proposals for legal changes to deepen in gender equality and reduce the family cost and the greater suffering of women in prison.

2. Modification of the Penal Code: decreasing penalties for crimes against public health.

3. Improvement of legal mechanisms to replace the sentences by expulsions.

1. Encouraging the debate to decrease the penalties for drug dealing, when it is carried out for economic survival reasons and by persons who assume a secondary role in the criminal organization.

General actions to promote an open environment for women inmates. Mechanisms of positive discrimination.

General actions to promote an open environment for women inmates. Mechanisms of positive discrimination.

Life Regime % Male % Female

Closed 2 2Ordinary 81.1 68.7Open 16.9 29.3

Life Regime % Male % Female

Closed 2 1.60Ordinary 80.94 66.4Open 17.06 32

Proposals for legal changes to deepen in gender equality, to reduce the family cost and the greater suffering of women in prison.

Promoting Open Life Regimes

February 2008 August 2010

August 2010 (Total population of Spanish General State Administration): 5.219 Female (8.02%) 59.879 Male (91.98%)

4. Promoting different legal changes in order to attenuate, suspend or replace prison sentences: pregnant women, women in charge of not-emancipated children and elderly and/ or dependent persons.

Adapting architectural structures and residencial equipments to women

Adapting architectural structures and residencial equipments to women

• Versatility• Interconnection• Specific equipments

Plan to adapt architectural structures to women: the places where they will reside or where they will be destined must facilitate internal classification’s criteria.

Two departments: maximum capacity 64 womenTwo departments: maximum capacity 84 womenTotal: capacity for 296 women

Organization modifications to promote changes for a better internal classification.

Organization modifications to promote changes for a better internal classification.

Respect Departments in Women Departments

Stimulating in centers and women’s departments the setting up of specific programs (drug-free, respect, etc.) and the attention towards different profiles of population.

Mediation Project between Women Inmates in Penitentiary Institutions and their Families.

Mediation Project between Women Inmates in Penitentiary Institutions and their Families.

Actions to stregthen and/ or to restore their family environment.

Implementation of the new Mothers External Units and review of ongoing projects

Implementation of the new Mothers External Units and review of ongoing projects

Emphasis on the development of motherhood in prison

Palma of Mallorca

Sevilla

Madrid

Alicante

Tenerife

León

“Gender Indicators in the Penitentiary System” related to the Gender Indicator System of the Ministry of Equality.

“Gender Indicators in the Penitentiary System” related to the Gender Indicator System of the Ministry of Equality.

Objective Models to evaluate the quality’s standards of imprisoned women lives in Spain.

Indicator System of Discrimination in Prisons.

Gender Indicator State System

www.institucionpenitenciaria.es(Fondo documental)

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