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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 57
“(d) Corporal punishment or the reduction of a
prisoner’s diet or drinking water;
“(e) Collective punishment.
“2. Instruments of restraint shall never be applied
as a sanction for disciplinary offences.
“3. Disciplinary sanctions or restrictive measures
shall not include the prohibition of family
contact. The means of family contact may only
be restricted for a limited time period and as
strictly required for the maintenance of
security and order.” 144
Discipline and punishment of women with children
‣ Discipline and punishment should not involve
isolating or segregating pregnant women, women
with babies or breastfeeding mothers. 145 Disciplinary
sanctions must not include a prohibition of family
contact, especially with children. 146
Imposition of sanctions for behaviour related to mental
health or developmental problems
‣ Prisoners should not be sanctioned for behaviour
related to their mental health or developmental
problems. 147 The imposition of solitary confinement
should be prohibited in the case of prisoners with
144
Mandela Rules, above note 123, Rule 43.
145
Bangkok Rules, above note 128, Rule 22.
146
Ibid, Rule 23.
147
Mandela Rules, above note 123, Rule 39(3), which provides:
“Before imposing disciplinary sanctions, prison administrations shall
consider whether and how a prisoner’s mental illness or developmental
disability may have contributed to his or her conduct and the
commitment of the offence or act underlying the disciplinary charge.
Prison administrations shall not sanction any conduct of a prisoner
that is considered to be the direct result of his or her mental illness or
intellectual disability.”