Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

110 PRACTITIONERS GUIDE No. 12
sentencing, including eligibility for parole and early
release. 275
Maintain accurate data, including relating to
accompanying children.
‣ This should include:
• Numbers of women in detention;
• Reasons for detention;
• Length of time detained;
• Access to services, such as health, legal and
social services;
• Whether pregnant or accompanied by a child;
and
• Eligibility for case review, non-custodial
alternatives and training possibilities. 276
Ensure gender sensitive non-custodial alternatives to
detention and use these whenever possible.
‣ The CEDAW Committee has highlighted the fact that
women suffer from discrimination in criminal cases
owing to: a) a lack of gender-sensitive non-custodial
alternatives to detention; b) a failure to meet the
specific needs of women in detention; and c) an
absence of gender-sensitive monitoring and
independent review mechanisms. 277
‣ One basic premise of the Bangkok Rules is that
wherever possible, in both pre-trial procedures and
sentencing after conviction, women should be
diverted from detention and imprisonment in favour
of community-based alternatives. 278 Diversion from
custody is important to women because it allows
them to remain close to their families. 279
275
General Recommendation No 33, above note 232, paragraph
51(m).
276
Ibid, paragraph 51(o).
277
Ibid, paragraph 48.
278
Bangkok Rules, above note 273, Rule 57.
279
Ibid, Rule 58.