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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 111
‣ Non-custodial measures should include a
therapeutic approach that addresses the reasons
why women tend to come into contact with the
criminal justice system: being subjected themselves
to gender-based violence, suffering from mental illhealth,
lacking education and work skills, 280 and
substance abuse. 281
‣ Sentencing courts should always consider mitigating
factors such as “lack of criminal history and relative
non-severity and nature of the criminal conduct, in
the light of women’s caretaking responsibilities and
typical backgrounds”. 282 The fact that women
frequently have a history of being victimized should
also be taken into account. 283
Respect dignity and not aggravate the suffering inherent
in detention. 284
‣ All prisoners have the right to be treated with “the
respect due to their inherent dignity and value as
human beings” and as such should not be subjected
to torture or cruel, inhuman or degrading treatment
or punishment. 285 This right must be guaranteed to
all, without discrimination, including on the grounds
of sex. 286 Measures to protect and promote the
rights of prisoners or detainees with special needs –
including gender-based needs – are required and
must not be discriminatory. 287
‣ Prison conditions should not be harsh or punitive.
The Mandela Rules recognize that: “Imprisonment
280
Ibid, Rule 60.
281
Ibid, Rule 62.
282
Ibid, Rule 61.
283
Ibid, Rule 57.
284
General Recommendation No 33, above note 232, paragraph 48.
285
ICCPR, Articles 7 and 10; Convention against Torture, Article 1;
Mandela Rules, above note 274, Rule 1.
286
ICCPR, Articles 2(1) and 3; CEDAW Convention, Article 1; Mandela
Rules, above note 274, Rule 2.
287
Mandela Rules, above note 274, Rule 3.