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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.

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.

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.

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.

United Nation’s Standard Minimum Rules for Treatment of Prisoners, popularly known as Nelson Mandela Rules categorically advocates for the Prison Education and its integration with the educational system of the country. Moreover, principles for the treatment of prisoners, adopted by United Nation in 1990, guarantee that prisoners retain the human rights and fundamental freedoms set out in Universal Declaration of Human Rights, which includes right to take part in education also. However, there is little sensitization about the rights of prisoners in many countries. The issue has gained prominence as several international organizations have now raised concern on these matters.

Education of jail inmates has attracted the attention of Open and Distance Learning (ODL) systems in India. Among all the ODL institutions, Indira Gandhi National Open University (IGNOU) has been the major role player. Right from its first initiative to have a special study center in Tihar Jail in 1994, IGNOU’s network for jail inmates has undergone significant expansion. The university has now strong presence in the prisons. Under a special collaborative arrangement with Ministry of Home Affairs, IGNOU has started free education to jail inmates from 2010. This chapter gives a glimpse about the model being followed by IGNOU for providing education inside prisons, highlights its good practices, gaps in its functioning and makes recommendations for further strengthening of this network.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Whilst small, the number of women in Cambodian prisons has been growing rapidly. These women are often first-time offenders, detained on drug or poverty-related offenses. Most women are detained pre-trial, then sentenced harshly. Children in Cambodia can accompany their mother in prison, but there is no standardized process for this to occur. Conditions within the prisons have been described as substandard and extremely challenging, with a lack of appropriate nutrition, health care, and environmental stimulation. There is also a lack of humanitarian programs addressing the specific needs and challenges faced by women prisoners, and their children. This chapter provides an overview of the work of This Life Cambodia, a Non-Government Organization (NGO), which delivers targeted programs to both women and their children, during and after imprisonment. It discusses the role of the This Life in Family (TLIF) program, which provides valued support to vulnerable families at risk of separation. The program primarily targets mothers in prison from poor, disadvantaged and multiple deprived communities, who are accompanied by, or separated from, their children.

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.

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.

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.

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.

This chapter explores the work tasks assigned to women prisoners in Myanmar. The official intention of such tasks is to help rehabilitate women in prison by providing them with skills to enhance their future employability outside the prison. The chapter critically inspects this proposition based on an ethnographic case study involving interviews with previously incarcerated women. The women’s narratives allow us to juxtapose the actual practice of prison work with the aims of rehabilitation and to critically examine the connection between the types of work tasks given, the distribution of tasks to different kinds of prisoners, and the potential of such work to enhance employability post-release. We find that while prison work is provided ostensibly to prepare and equip women with skills as a form of vocational training, in fact, it rather serves the interests of private companies and the Myanmar Prison Department. We argue that the types of work are intentionally and unintentionally exploitative. The challenges faced by women concerning prison work are highlighted, and the authors propose that the Myanmar Prison Department must commit to more genuine livelihood training options that are not exploitative, but meaningful and orientated toward the employability of women prisoners upon their release.

In this introductory chapter, we discuss the impetus for this edited book. We introduce activist, critical and feminist criminological theorizing and research on gender, intersectionality, criminalization, and carceral experiences. The scene is set for the chapters to follow by providing a general overview of gender, criminalization, imprisonment, and human rights in Southeast Asia with particular attention being paid to Indonesia, Malaysia, Cambodia, Thailand, Myanmar, and the Philippines. We consider trends and drivers of women’s imprisonment in the region, against the backdrop of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, also known as the Bangkok Rules, which were adopted by the United Nations General Assembly just over a decade ago. We reflect on the dominance of western centric feminist (and malestream) criminological works on gender, criminalization and imprisonment, the positioning of Southeast Asian knowledge on the peripheries of Asian criminology and the importance of bringing to light, as this book does, gendered activist scholarship in this region of the world.

The place of rehabilitation programmes in the reformation and transformation of prison inmates has continued to be on the front burner of professionals such as educators, counsellors, social workers, psychologists and medical doctors. Analysis has taken something of a top-down approach, and consideration has been placed on how the organizational context of individual prisoners interact with those rehabilitation programmes has been neglected. Drawing on interview data, this study aims to add to our understanding how rehabilitation programme affects inmates’ skills and attitudes in Sri Lankan prisons.

This study used an inductive qualitative case study approach as it requires a deep understanding of the effect of rehabilitation programme on inmates’ skills and attitudes and how inmates view rehabilitation programmes.

The study identified seven views of inmates regarding rehabilitation programmes conducted and understood that rehabilitation programme facilitates inmates to acquire strong self-assurance of future career options and deal with potentially destructive feeling such as anger, frustration and loneliness. However, inmates who showed a strong propensity to suffer injustice and internalized blame have found no substantial impact on their skills and attitude through the programme.

It is arguable that operation of meaningful prison-based rehabilitation programme is influenced by comprehensive picture of the profile of the prison population, shortages in resources, the attitudes of prison staffs, inability to meet real world settings and network building with a wide range of private, public or voluntary providers.

This study represents the first prison-based study to understand the inmates view on the rehabilitation programmes in Sri Lanka.