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

56 PRACTITIONERS GUIDE No. 12
against Torture and Other Forms of Cruel, Inhuman
or Degrading Treatment or Punishment. 142
‣ The Human Rights Committee has further explained
that pregnant women who are deprived of their
liberty “should receive humane treatment and
respect for their inherent dignity at all times
surrounding the birth and while caring for their
newly-born children; States parties should report on
facilities to ensure this and on medical and health
care for such mothers and their babies”. 143
Disciplinary sanctions
‣ The Mandela Rules clearly prohibit the use of any
disciplinary proceedings that constitute torture or illtreatment:
Rule 43
“1. In no circumstances may restrictions or
disciplinary sanctions amount to torture or
other cruel, inhuman or degrading treatment
or punishment. The following practices, in
particular, shall be prohibited:
“(a) Indefinite solitary confinement;
“(b) Prolonged solitary confinement;
“(c) Placement of a prisoner in a dark or constantly
lit cell;
142
Committee against Torture, Concluding Observations: Third to Fifth
Combined Periodic Reports of the United States of America, UN Doc
CAT/C/USA/CO/3-5 (2014), paragraph 21: “the Committee notes that
19 states have enacted laws restricting the shackling of pregnant
inmates and that such legislation has been under consideration in a
number of other states. The Committee is nevertheless concerned at
reports that, in certain cases, incarcerated women are still shackled or
otherwise restrained throughout pregnancy and during labour, delivery
and post-partum recovery (arts. 2, 11, 12, 13, 14 and 16).”
143
Human Rights Committee, General Comment No 28, above note
134, paragraph 15.