Women originally constituted a small number of the prison population in most countries. They usually form between 2% and 8%. But their number is said to be growing at a disproportionate rate.
This has raised concerns about their needs and human rights as prisons are traditionally designed for males.
Consequently, prisons tend not to meet the needs of women prisoners.A research by the Quaker United Nations Office, Geneva, in 2003 and published in July 2005 on women in prison, sought to better understand why the number of women being imprisoned are increasing.
It also tried to identify the conditions under which women prisoners are kept worldwide in a bid to draw attention to the particular impact that imprisonment has on women compared to men.
The report revealed that female prison population has increased dramatically in the last ten years and the rate greater than that of men.
In eight countries, women comprise more than one in ten prisoners.The report attributed the scenario to the increased use of imprisonment to punish offences that were previously punished by non-custodial sentences, such as those in relation to drug offences and non-violent theft.
A lot of women are in prison for assault between rivals. Women are mostly vulnerable of detention because of their inability to pay fines for petty offences due to poverty.
Usually, they are young, unemployed, have low levels of education and have dependent children.Many are reported to have histories of alcohol and substance abuse.
A high proportion of women offenders have experienced violence or sexual abuse. According to the Coalition of Prison Evangelists International, (COPE), Ghana, there are 45 facilities run by the Ghana Prison Service.
In year 2003, cumulative imprison of inmates was 4, 028,870 with an average daily lockup of 10,677.
The total convict population was 7,850 covering about 7500 male and 257 female. Out of the 10,677 in daily lockup some 2,813 were on remand (jail). Average daily juvenile lockup was about 140 cumulative monthly and annual lockups was between 4,200 and 51,000 respectively.
Altogether, 80 percent were first offenders, 15 percent 2nd offenders, and 4.8 percent recidivists, (criminals who continue to commit crimes even after they have been punished).
Major offenses included stealing, assault, murder, robbery, narcotic, manslaughter, fraud, threat or death, unlawful entry, causing harm, causing damage, conspiracy, rape and defilement. Offenders range from 18-65 years of age.
Imprisonment impacts on women differently than on men since they have different needs. This includes health (sexual and reproductive health). In some countries, women may be pregnant and may give birth in prison.
They are vulnerable to abuse in prison and suffer from very high rates of mental illness. These issues are often overlooked by penal institutions, governments, policy makers and by the international community.
Consideration therefore needs to be given to every aspect of women’s prison systems. However, problems such as overcrowding, poor hygiene, and inadequate visiting facilities affect both men and women prisoners.
A Ghana Country Report on Human Rights Practices released by the Bureau of Democracy, Human Rights, and Labor, (USA) in March 8, 2006 showed that overcrowding in prisons contributes to a high prevalence of communicable diseases.
The report said most women in prison are mothers. The imprisonment of a woman who is a mother can lead to a violation not only of her rights but also the rights of her children. Medical facilities are inadequate.
In Ghana, the law stipulates that regardless of the offense, female convicts should be tested for pregnancy upon imprisonment, and that pregnant convicts should be held in a facility where their health needs could be met. When a mother is imprisoned, her baby may go into prison with her or be separated from her and left on the ‘outside’.
Both situations can put the child at risk.
As the Special Rapporteur on Prisons and Conditions of Detention in Africa stated, “Prisons are not a safe place for pregnant women, babies and young children and it is not advisable to separate babies and young children from their mother” The UN Standard Minimum Rules for the Treatment of Prisoners were adopted by the First UN Congress on the Prevention of Crime and the Treatment of Offenders in 1955, and approved by the UN Economic and Social Council in 1957.
They remain the key point of reference in designing and evaluating prison conditions. Since then, the needs and nature of prison populations have changed and further international guidelines concerning imprisonment have been developed.
Two of the most important international standards for imprisonment are the 1988 Body of principles for the Protection of All Persons under any form of Detention or Imprisonment and the 1990 Basic Principles for Treatment of Prisoners adopted by the UN General Assembly.
All these instruments, affirm that all prisoners must be treated with respect for their human dignity with regard to the conditions of their detention.
They reinforce the idea that the purpose of imprisonment is rehabilitation of the prisoner. By the Prisons Service Decree NRCD 46, the Ghana Prison Service is charged with the responsibility of ensuring safe Custody, welfare, rehabilitation and reformation of prisoners.
The concept of rehabilitation involves providing assistance to enable an offender to adopt a life style which is different from the old unproductive / criminal one.
Thus during a period of incarceration inmates are thought new trade amongst others. However, in Ghana there is hardly any rehabilitative programme for prisoners.
Rehabilitation centres do not exist in most of Ghana’s facilities. Existing workshops are not equipped to attain the desired result on the rehabilitation of inmates.
A greater percentage of inmates had no formal education before their incarceration.
In view of this, the Ghana Prisons Service, (GPS) is collaborating with COPE GHANA to reform, rehabilitate and reintegrate convicts and ex-convicts into the society.Concerns are raised about the youthful uneducated inmates who are serving between 2 and 20 years.
Further provisions have been agreed to address detention of children, namely the 1985 Standard Minimum Rules for the Administration of Juvenile Justice and the 1990 Rules for the Protection of Juveniles Deprived of their Liberty.
However, these rules and principles contain only a handful of provisions specifically directed to women prisoners.
There is growing concern regarding the rights and treatment of women prisoners, at national, regional and international levels.
A range of international fora have emphasized the need to review prison systems and the norms and standards regarding imprisonment with women’s needs in mind.
Women with babies or young children in prison with them are often precluded from participating in education, training or work programmes because there are no childcare facilities.Even a short prison term has a particularly harsh effect on women, in causing intense family disruption.
Most women who are imprisoned are mothers and they are far more likely to be single parents than male prisoners.
A woman living an in insecured or rented accommodation will usually lose this when she enters prison. Women face more discrimination after release from prison.
Such women who have been in prison are particularly stigmatized.The International Scientific and Professional Advisory Council (ISPAC) to the UN Criminal Justice Programme decided at its biennial meeting in December 2005 to adopt a Friends World Committee for Consultation, (FWCC), Quakers proposal for a project on women in prison.
FWCC therefore calls for a full exploration of all aspects of discrimination against women and girls in the Sub-Commission Study on discrimination in the justice system.
The ISPAC project should raise the profile of the issue in the UN Commission on Crime Prevention and Criminal Justice.
In light of the lack of attention usually given to women in prison by the international community, it is worth highlighting the consideration that the UN human rights treaty bodies have given to the subject.Women who are pregnant whilst in prison have particular health and nutrition needs.
The rights of both mothers and babies need to be considered in relation to pregnancy, childbirth, breastfeeding and post-natal care in prison.
The presumption should be that babies should remain with their mothers unless there are compelling reasons for separating them.
The inextricable link between anxiety and stress in the mother and the physical and emotional well being of the baby needs to be recognized and addressed.What rights does a child have if his mother is detained or imprisoned?
Little attention has been given to this subject, despite the profound and permanent impact. Applying the Convention on the Rights of the Child to such situations would lead to some clear conclusions about children’s rights to be considered when decisions are made about their parents.
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