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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 55
be used to harass or intimidate anyone and records
of searches, the reasons for them, the identities of
personnel undertaking the searchers and the results
of such searches must be kept. 136
‣ Intrusive searches, including strip and body cavity
searches, must only be undertaken if absolutely
necessary and only be carried out by a woman
member of staff who has been medically trained on
how to carry out such searches hygienically and
without causing harm to the prisoner. 137
‣ Searches of children in prison and child visitors to
prisons must be carried out with professionalism
and sensitivity, respecting the dignity of children. 138
Body cavity searches should be avoided and should
not be applied to children. 139
Shackling during childbirth
‣ Instruments of restraint should never be used on
women during labour, during birth and immediately
after birth. 140 Shackling during labour and birth
constitutes a risk to the health of the woman and
the foetus, 141 and has been identified by the UN
Committee against Torture as a form of illtreatment
that is in violation of the Convention
136
Mandela Rules, above note 123, Rule 51.
137
Ibid, Rule 52.
138
Bangkok Rules, above note 128, Rule 21.
139
Mandela Rules, above note 123, Rule 60(2).
140
Bangkok Rules, above note 128, Rule 24; Mandela Rules, above
note 123, Rule 48(2).
141
American College of Obstetricians and Gynaecologists, “Health Case
for Pregnant and Postpartum Incarcerated Women and Adolescent
Females”, Committee Opinion No 511 (2011), available at URL:
http://www.acog.org/Resources-And-Publications/Committee-
Opinions/Committee-on-Health-Care-for-Underserved-Women/Health-
Care-for-Pregnant-and-Postpartum-Incarcerated-Women-and-
Adolescent-Females.