A/67/227
reinforces abuse. Thus, eliminating such discriminatory practices is essential to
addressing violence against women with disabilities.
50. The discrimination and violence faced by women with disabilities in society
tends to be exacerbated by prison environments. In the Handbook on Prisoners with
Special Needs, the United Nations Office on Drugs and Crime (UNODC) recognized
that women prisoners with disabilities were at a particularly high risk of
manipulation, violence, sexual abuse and rape and that prisoners with physical
disabilities might be actively targeted or suffer the effects of having their special
needs, including safety needs, neglected. Furthermore, according to the Prison Rape
Elimination Act of 2003 of the United States of America most prison staff is not
adequately trained to prevent or respond to inmate sexual assaults, and prison rape
often goes unreported and untreated.
51. There is evidence that the experience of prison itself is a source of disablement
for all prisoners. 30 Thus, not only are women with pre-existing disabilities liable to
see their disabilities aggravated but those who enter prison without disabilities may
develop them during their incarceration, due to prison conditions.30
52. Women with disabilities in prison also face discrimination upon their
assignment to a particular facility, due to misclassification of their risk level. In the
Handbook on Prisoners with Special Needs, UNODC also noted that, owing to the
limited accommodation available for them, female prisoners in a number of
countries are housed in security levels not justified by their risk assessment
undertaken upon admission. This is exemplified in cases where a prisoner who
would normally be placed in an open facility can instead be sent to secure custody,
should a member of the medical, psychological or psychiatric staff decide that the
medical and support services required are unavailable in open custody. 31
53. Discrimination in access to services and programmes during incarceration is a
reality for most women with disabilities. They may face difficulties in accessing
these because such programmes fail to account for their disabilities; 32 or they may
be explicitly denied the ability to participate in programmes, which are largely
tailored to prisoners without disabilities.31 Furthermore, women with disabilities
who are able to participate in work programmes are often paid lower wages for their
work.32
54. A common factor considered by parole boards and other bodies determining
the appropriateness of the early release of prisoners is the ability of a prisoner to
adapt to life in the outside world. This can be a difficult threshold for any prisoner
to meet, but especially so in the case of women with disabilities who may have
specific needs that the board may not adequately take into consideration. 33 The
problem is exacerbated by the misclassification of such women as higher risk
prisoners, which makes it much more difficult to secure an earlier release.33
__________________
30
31
32
33
12-45120
Beth Ribet, “Naming prison rape as disablement: critical analysis of the Prison Litigation
Reform Act, the Americans with Disabilities Act and the imperatives of survivor-oriented
advocacy, Virginia Journal of Social Policy and the Law (2010).
Anti-Discrimination Commission Queensland, Women in Prison (2006).
Megan Bastick and Laurel Townhead, Quaker United Nations Office, “Women in prison: a
commentary on the UN standard minimum rules for the treatment of prisoners”, Human Rights
and Refugees Publications (2008).
Judith Cockram, “People with an intellectual disability in the prisons”, Psychiatry, Psychology
and Law (2005).
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