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Article
Publication date: 23 September 2021

Marie Claire Van Hout and Jakkie Wessels

The global spotlight is increasingly shone on the situation of women in the male-dominated prison environment. Africa has observed a 24% increase in its female prison population…

Abstract

Purpose

The global spotlight is increasingly shone on the situation of women in the male-dominated prison environment. Africa has observed a 24% increase in its female prison population in the past decade. This year is the 10-year anniversary of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) adopted by the General Assembly on 21 December 2010.

Design/methodology/approach

Using a legal realist approach, this paper examines South Africa’s progress in adopting the Bangkok Rules. This paper documents the historical evolution of the penal system since colonial times, focused on the development of recognition, protection and promotion of human rights of prisoners and an assessment of incarcerated women’s situation over time.

Findings

The analysis of the human rights treaties, the non-binding international and regional human rights instruments, African court and domestic jurisprudence and extant academic and policy-based literature is cognizant of the evolutionary nature of racial socio-political dimensions in South Africa, and the indeterminate nature of application of historical/existing domestic laws, policies and standards of care when evaluated against the rule of law.

Originality/value

To date, there has been no legal realist assessment of the situation of women in South Africa’s prisons. This paper incorporates race and gendered intersectionality and move beyond hetero-normative ideologies of incarcerated women and the prohibition of discrimination in South African rights assurance. The authors acknowledge State policy-making processes, and they argue for substantive equality of all women deprived of their liberty in South Africa.

Details

International Journal of Prisoner Health, vol. 18 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 2 October 2021

Marie-Claire Van Hout and Des Crowley

The incarceration of transgender people is described as a “double punishment” based on lack of gender recognition and ability to gender affirm, and with their experiences and…

1557

Abstract

Purpose

The incarceration of transgender people is described as a “double punishment” based on lack of gender recognition and ability to gender affirm, and with their experiences and conditions in prison tantamount to torture. The purpose of this study is to illustrate the continued “double punishment” of incarcerated transgender people (in particular trans-women) and identify and describe breaches in human and gender rights and minimum standards of care.

Design/methodology/approach

There is limited global data on the numbers of incarcerated transgender people, an identified vulnerable prison group. There are inherent difficulties for prison authorities regarding placement, security aspects and management of transgender persons. While the concerns apply to all transgender prisoners, the current literature focusses mainly on transgender women and this commentary reflects this present bias. A socio-legal approach describes and evaluates international human rights’ conventions and human rights’ law, soft law instruments mandating non-discriminatory provisions in the prison setting and relevant European and domestic case law.

Findings

Transgender prisoners experience an amplification of trauma underpinned by lack of legal gender recognition, inability to gender-affirm, discrimination, transphobia, gender maltreatment and violence by other prisoners and prison staff. Despite obligations and recommendations in international human rights’ instruments and standard operating procedures at the prison level, very few countries are able to fully uphold the human rights of and meet the needs of transgender people in prison.

Originality/value

This study is important as it highlights the dearth of knowledge exploring human rights discourses and concerns related to the phenomenon of incarcerated transgender persons. It uniquely focusses on European and domestic law and illustrates the inherent tensions between human rights, sexual orientation and gender identity rights and security considerations regarding transgender issues in prisons. Rights assurances centre on the principles of equality, dignity, freedom of expression, dignified detention and the prohibition of inhumane treatment or punishment.

Details

International Journal of Prisoner Health, vol. 17 no. 4
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 18 March 2022

Marie Claire Van Hout, Victor Mhango, Ruth Kaima, Charlotte Bigland and Triestino Mariniello

The first case of COVID-19 in the Malawi prison system was reported in July 2020. Human rights organisations raised concerns about the possibility of significant COVID-19…

Abstract

Purpose

The first case of COVID-19 in the Malawi prison system was reported in July 2020. Human rights organisations raised concerns about the possibility of significant COVID-19 outbreaks and deaths in the prison system, because of the poor infrastructure, lack of healthcare and adequate COVID-19 mitigation measures, existing co-morbidities (tuberculosis, HIV and hepatitis C), malnutrition and poor health of many prisoners.

Design/methodology/approach

The authors conducted a legal-realist assessment of the Malawian prison system response to COVID-19 during state disaster measures, with a specific focus on the right to health and standards of healthcare as mandated in international, African and domestic law.

Findings

The Malawi prison system was relatively successful in preventing serious COVID-19 outbreaks in its prisons, despite the lack of resources and the ad hoc reactive approach adopted. Whilst the Malawi national COVID plan was aligned to international and regional protocols, the combination of infrastructural deficits (clinical staff and medical provisions) and poor conditions of detention (congestion, lack of ventilation, hygiene and sanitation) were conducive to poor health and the spread of communicable disease. The state of disaster declared by the Malawi Government and visitation restrictions at prisons worsened prison conditions for those working and living there.

Originality/value

In sub-Saharan Africa, there is limited capacity of prisons to adequately respond to COVID-19. This is the first legal-realist assessment of the Malawian prison system approach to tackling COVID-19, and it contributes to a growing evidence of human rights-based investigations into COVID-19 responses in African prisons (Ethiopia, South Africa and Zimbabwe).

Details

International Journal of Prisoner Health, vol. 19 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 21 April 2022

Marie Claire Van Hout, Charlotte Bigland and Triestino Mariniello

The first prison system case in Zimbabwe was notified in July 2020 shortly after State declaration of disaster. A legal-realist assessment was conducted of the Zimbabwean…

Abstract

Purpose

The first prison system case in Zimbabwe was notified in July 2020 shortly after State declaration of disaster. A legal-realist assessment was conducted of the Zimbabwean correctional system response to COVID-19 during state disaster measures, with a focus on assessing right to health, infectious disease mitigation and the extent to which minimum state obligations complied with human and health rights standards.

Design/methodology/approach

The Zimbabwean correctional system operations during COVID-19 disaster measures are scrutinized using a range of international, African and domestic human rights instruments in relation to the right to health of prisoners. This study focused particularly on standards of care, environmental conditions of detention and right of access to health care.

Findings

Systemic poor standards of detention are observed, where prisoners experience power outages, water shortages and a lack of access to clean drinking water and water for ablution purposes, a severe lack of safe space and adequate ventilation, poor quality food and malnutrition and a lack of sufficient supply of food, medicines, clothing and bedding. Whilst access to health care of prisoners in Zimbabwe has greatly improved in recent times, the standard of care was severely stretched during COVID-19 due to lack of government resourcing and reliance on non-governmental organisation and faith-based organisations to support demand for personal protective equipment, disinfection products and medicines.

Originality/value

Prison conditions in Zimbabwe are conducive to chronic ill health and the spread of many transmissible diseases, not limited to COVID-19. The developed legal-realist account considers whether Zimbabwe had a culture of respect for the rule of law pertinent to human and health rights of those detained during COVID-19 disaster measures, and whether minimum standards of care were upheld.

Details

International Journal of Prisoner Health, vol. 19 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 20 August 2021

Lee Edson P. Yarcia and Jan Michael Alexandre C. Bernadas

This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also…

Abstract

Purpose

This paper aims to examine key obligations of states to persons deprived of liberty (PDLs) under the right to health framework in the context of COVID-19. As a case study, it also describes the state of health in places of detention in the Philippines during the pandemic, with an end view of providing granular recommendations for prison policy reforms.

Design/methodology/approach

Relevant rules under international human rights law related to places of detention were thematically analyzed to articulate the scope of the right to health of PDLs. To describe the state of places of detention in the Philippines, this paper relied on archival research of news from selected local mainstream and specialized media.

Findings

The right to health framework provides a foundation for the response to COVID-19 in places of detention. Key concerns include increase in the number of infections, vulnerabilities in physical and mental health, and the spread of infection among correctional staff. Long-standing structural constraints and limited health information compound the threat of COVID-19. The Philippines must comply with its human rights obligations to PDLs to effectively address COVID-19-related concerns.

Practical implications

Policy reforms in Philippine places of detention must include application of community standards on physical and mental health, implementation of emergency release and application of non-custodial measures for long-term prison decongestion.

Originality/value

This is one of the few papers to analyze human rights in health care in places of detention during a pandemic, as nuanced in the context of the Philippines.

Details

International Journal of Human Rights in Healthcare, vol. 16 no. 3
Type: Research Article
ISSN: 2056-4902

Keywords

Content available
Book part
Publication date: 29 March 2022

Abstract

Details

Gender, Criminalization, Imprisonment and Human Rights in Southeast Asia
Type: Book
ISBN: 978-1-80117-287-5

Open Access
Article
Publication date: 25 October 2022

Janice Kathleen Moodley, Bianca Rochelle Parry and Marie Claire Van Hout

The menstrual health and menstrual hygiene management (MHM) of incarcerated women remains relatively low on the agenda of public health interventions globally, widening the…

1330

Abstract

Purpose

The menstrual health and menstrual hygiene management (MHM) of incarcerated women remains relatively low on the agenda of public health interventions globally, widening the inequitable access of incarcerated women to safe and readily available menstrual health products (MHP). The COVID-19 pandemic has adversely impacted on the MHM gains made in various development sectors in the global North and South, through its amplification of vulnerability for already at-risk populations. This is especially significant to developing countries such as South Africa where the incarcerated female population are an often-forgotten minority.

Design/methodology/approach

This viewpoint highlights the ignominious silence of research and policy attention within the South African carceral context in addressing MHM. The ethical and political implications of such silences are unpacked by reviewing international and local literature that confront issues of inequality and equitable access to MHP and MHM resources within incarcerated contexts.

Findings

Structural inequalities in various contexts around the world have exacerbated COVID-19 and MHM. Within the prison context in South Africa, women face multiple layers of discrimination and punishment that draw attention to the historical discourses of correctional facilities as a site of surveillance and discipline.

Research limitations/implications

This study acknowledges that while this viewpoint is essential in rising awareness about gaps in literature, it is not empirical in nature.

Practical implications

The authors believe that this viewpoint is essential in raising critical awareness on MHM in carceral facilities in South Africa. The authors hope to use this publication as the theoretical argument to pursue empirical research on MHM within carceral facilities in South Africa. The authors hope that this publication would provide the context for international and local funders, to assist in the empirical research, which aims to roll out sustainable MHP to incarcerated women in South Africa.

Social implications

The authors believe that this viewpoint is the starting point in accelerating the roll out of sustainable MHP to incarcerated females in South Africa. These are females who are on the periphery of society that are in need of practical interventions. Publishing this viewpoint would provide the team with the credibility to apply for international and national funding to roll out sustainable solutions.

Originality/value

It is hoped that the gaps in literature and nodes for social and human rights activism highlighted within this viewpoint establish the need for further participatory research, human rights advocacy and informed civic engagement to ensure the voices of these women and their basic human rights are upheld.

Details

International Journal of Prisoner Health, vol. 19 no. 3
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 4 January 2021

Thomas Stephenson, Jane Leaman, Éamonn O’Moore, Anh Tran and Emma Plugge

The purpose of this study is to synthesise the available peer-reviewed literature on the impact of time out of cell (TOOC) and time in purposeful activity (TIPA) on adverse mental…

1496

Abstract

Purpose

The purpose of this study is to synthesise the available peer-reviewed literature on the impact of time out of cell (TOOC) and time in purposeful activity (TIPA) on adverse mental outcomes amongst people in prison.

Design/methodology/approach

The outcomes of interest of this literature review were mental health, suicide, deliberate self-harm (DSH) and violence. Exposures of interest were TOOC, TIPA or a partial or indirect measure of either. In total, 14 studies were included. An abbreviated review methodology was used because of time constraints.

Findings

There was consistent evidence of an association between lower TOOC and TIPA and worse mental health and higher suicide risk. Limited evidence suggests a link between TOOC and DSH. No evidence was identified regarding the relationship between TOOC/TIPA and violence.

Research limitations/implications

A lack of longitudinal studies prevents conclusions regarding causality. Significant heterogeneity of mental health outcomes limits the comparability of studies.

Practical implications

These findings highlight the importance of considering the impact of TOOC and TIPA on adverse mental outcomes for prisoners when designing prison regimes, including during urgent adaptation of such regimes in response to Covid-19. They are likely to be of interest to practitioners and policymakers concerned with prison regime design.

Originality/value

This paper is the first to synthesise the existing literature on the impact of TOOC and TIPA on mental health outcomes.

Details

International Journal of Prisoner Health, vol. 17 no. 1
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 1 May 2020

Sam Alfoqahaa and Eleri Jones

Building on the contributions of chaos and complexity theories, this paper aims to conceptualize how the leadership of Mahatma Gandhi, Martin Luther King and Nelson Mandela were…

1466

Abstract

Purpose

Building on the contributions of chaos and complexity theories, this paper aims to conceptualize how the leadership of Mahatma Gandhi, Martin Luther King and Nelson Mandela were able to transform chaos (randomness) into order (integration). More specifically, it aims to identify the qualities by which such leadership worked in the context of conflict and cultural confrontations, which is, leading at the edge of chaos.

Design/methodology/approach

This research follows a qualitative approach in data collection and analysis; it narrates and analyses biographic data as well as literature about these three prominent leaders. Common qualities of these leaders are explored in-depth, discussed and linked.

Findings

Success in leading at the edge of chaos was attributed to the following leadership qualities: vision, non-violence and tolerance. This paper conceptualizes Gandhi, King and Mandela's embodiment of these qualities in transforming difference and disagreement to unity and how they inspired and developed their societies at home and all over the world. This paper concludes with the following results: Dr King, Gandhi and Mandela were visionary leaders; the three leaders had a vision about the future of freedom, equality and peace. More importantly, they were able to hearts and minds, and convey their visions to followers and to society at large. They struggled to achieve their goals non-violently, but knew that violence could destroy society due to unbalanced power structures. In the fight for their people's emancipation/freedom, they avoided ethnic, racial and religious discrimination. The three leaders were politically, culturally and socially tolerant.

Research limitations/implications

By identifying their leadership qualities and analyzing their leadership mechanisms, this paper stresses the necessity of the emergence and preservation of leadership as exhibited by King, Gandhi, Mandela and many other influential leaders. Leaders, committed to enrichment and sustainability of cultural diversity and nurturing of tolerance, can play a role in unifying nations. Practically put, today’s leaders need to rethink their strategies, by taking into consideration what Gandhi, King and Mandela have contributed to leadership in dealing with cultural diversity and conflict. Furthermore, leaders must extend the applicability of such leadership to include the ending of violence in every facet of people's lives, and work publicly to overcome the challenges encountering human kind such as nuclear weapons, war, poverty, racism, global warming, drugs, religious bigotry and violence of any kind. That is, today's leaders need to lead at the edge of chaos due to the ongoing conflicts around the globe.

Originality/value

This paper uniquely conceptualizes leadership qualities by analyzing and comparing literature and biographical data of the above-mentioned leaders. The study also contributes to the existing literature on leadership using an interdisciplinary approach by proving the mechanisms by which leadership transforms chaos into order within the context of cultural diversity and confrontation, where studies are rare. This research contributes to the theory of leaderships at three levels. First, it offers an interdisciplinary theory on leadership qualities by linking these qualities with chaos and complexity theories. Second, unlike the majority of literature which views leadership from a business or public leadership perspective, this research provides a new perspective of leadership for cultural diversity. Third, it highlights the role models of three exemplary leaders for each of whom previous literature is lacking.

Details

International Journal of Public Leadership, vol. 16 no. 2
Type: Research Article
ISSN: 2056-4929

Keywords

Article
Publication date: 3 October 2021

Marie Claire Van Hout and Jakkie Wessels

The purpose of the paper was to conduct a legal-realist assessment of the South African prison system response to COVID-19. Severely congested and ill-resourced prison systems in…

Abstract

Purpose

The purpose of the paper was to conduct a legal-realist assessment of the South African prison system response to COVID-19. Severely congested and ill-resourced prison systems in Africa face unprecedented challenges amplified by COVID-19. South Africa has recorded the highest COVID-19 positivity rate in Africa and, on March 15th 2020, declared a national state of disaster. The first prison system case was notified on April 6th 2020.

Design/methodology/approach

A legal-realist assessment of the South African prison system response to COVID-19 in the 12 months following initial case notification focused on the minimum State obligations to comply with human rights norms, and the extent to which human, health and occupational health rights of prisoners and staff were upheld during disaster measures.

Findings

A legal-realist account was developed, which revealed the indeterminate nature of application of South African COVID-19 government directives, ill-resourced COVID-19 mitigation measures, alarming occupational health and prison conditions and inadequate standards of health care in prisons when evaluated against the rule of law during State declaration of disaster.

Originality/value

This legal-realist assessment is original by virtue of its unique evaluation of the South African prison system approach to tackling COVID-19. It acknowledged State efforts, policymaking processes and outcomes and how these operated within the prison system itself. By moving beyond the deleterious impacts of the COVID-19 pandemic on the already precarious South African prison system, the authors argue for rights assurance for those who live and work in its prisons, improved infrastructure and greater substantive equality of all deprived of their liberty in South Africa.

Details

International Journal of Prisoner Health, vol. 18 no. 4
Type: Research Article
ISSN: 1744-9200

Keywords

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