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United States of America Rights for All: "Not Part of My Sentence": Violations of the Human Rights of Women in Custody

NCJ Number
175267
Date Published
1999
Length
103 pages
Annotation
This report describes violations of the human rights of women incarcerated in prisons and jails in the United States, as measured by a number of international agreements adopted by an overwhelming majority of countries.
Abstract
Chapters discuss the human rights of incarcerated women; a profile of women in prisons and jails, with attention to mothers behind bars and the impact of the "war on drugs"; discrimination; sexual abuse; the use of restraints; health care; and super-maximum-security units. The concluding chapter presents a summary of recommendations. Many of the violations described in this report, such as sexual abuse committed by prison guards, are prohibited by U.S. laws, as well as international standards; however, as the report shows, a female prisoner may find it very difficult to stop unlawful conduct or to have a perpetrator brought to justice. She may have good reason to fear that if she complains, she will be victimized again or that investigators will not believe her word in the face of denial by a guard. Other violations reflect a significant difference between the rights of women set forth in international standards and Federal and State laws in the United States; for example, international standards provide that female prisoners should be supervised only by female guard. In contrast, under U.S. laws a male guard may watch over a woman, even when she is dressing, showering, or using the toilet. He may touch every part of her body when he searches for contraband. Further, international standards restrict the use of restraints to situations where they are necessary to prevent escape or to prevent prisoners from injuring themselves or others, or from damaging property. In the United States, however, restraints are used as a matter of course. A woman who is in labor or seriously ill, even dying, may be taken to a hospital in handcuffs and chained by her leg to the bed. Under international standards, it is considered inhumane to punish prisoners by placing them in isolation for a prolonged period in conditions of reduced sensory stimulation. In the United States, several States have prison units where women are held in such conditions. Amnesty International calls on Federal, State, and local governments and authorities to take urgent action to ensure that the laws, regulations, policies, and practices for which they are responsible rigorously conform to international standards and respect the human rights of women deprived of their liberty. 222 footnotes