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58 PRACTITIONERS GUIDE No. 12
mental or physical disabilities when their conditions
would be exacerbated by such measures. 148
Mental health needs are particularly acute in prison
‣ Mental health care is particularly important for
women in detention or prison, a high proportion of
whom may be survivors of gender-based violence,
or come from social groups that are particularly
marginalized. 149
‣ The European Court of Human Rights has
recognized that denial of mental health services to
mentally ill prisoners constitutes inhuman and
degrading treatment or punishment within the
meaning of Article 3 of the European Convention on
Human Rights. 150 The Human Rights Committee has
similarly held that the continued detention of a
person “when the State party was aware of the
[person’s] mental condition and failed to take the
steps necessary to ameliorate the [person’s] mental
deterioration constituted a violation of his rights
under Article 7 [of the ICCPR].” 151
‣ The Bangkok Rules require that “individualised,
gender-sensitive, trauma-informed and
comprehensive mental health care and rehabilitation
148
Mandela Rules, above note 123, Rule 45(2).
149
UN Women, “Progress of the World’s Women 2010-2011. In pursuit
of justice” (UN Publications, 2011), page 62 of which notes that:
“Women in prison share many common traits: they are typically
young, have low levels of education and dependent children. In
Brazil’s largest women’s prison, 87 percent of women prisoners are
mothers. Many have histories of mental health problems, alcohol and
substance abuse, and a high proportion have experienced violence. A
study in Canada found that 82 percent of women in prison have a
history of sexual or physical abuse.”
150
Keenan v UK (2001) ECHR 242, paragraphs 111 and 116; and
Dybeku v Albania (2007) ECHR 1109, paragraphs 48-52.
151
C v Australia, Human Rights Committee Communication 900/1999,
UN Doc CCPR/C/76/D/900/1999 (2002), paragraph 8.4.