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Book part
Publication date: 29 March 2022

Chontit Chuenurah, Barbara Owen and Prarthana Rao

The Universal Declaration of Human Rights outlines fundamental protections for all human beings. Critically, such rights and protections are particularly applicable to those…

Abstract

The Universal Declaration of Human Rights outlines fundamental protections for all human beings. Critically, such rights and protections are particularly applicable to those imprisoned throughout all carceral spaces: the right to physical security; freedom from torture and other cruel and unusual punishments; equal protection under the law; and a right to a community standard of living, including food, clothing, medical care, and social services. The need for special vigilance in applying these principles to justice settings for children and women entwined in these spaces has been met with the development and implementation of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (2010) or the Bangkok Rules. These Rules provide for a women-centered approach to human rights within correctional environments. The Bangkok Rules are based on several dominant themes relevant to women in prison and additionally emphasize the importance of alternatives to custody. Since their adoption over 10 years ago, there has been clear progress in implementing and promoting the Bangkok Rules throughout Southeast Asia, as we will describe in this chapter. While we applaud these efforts, there is still much work to do within the region. We argue that attention is needed both within and outside of women’s prisons to expand the promise of the Bangkok Rules beyond current efforts. In our view, the attention inside prison walls must now turn to addressing intersections between gender and other marginalized statuses, ensuring all forms of safety, dignity, and respect. Outside prison, reform of egregious and punitive drug laws is essential. Equally important, is the critical need to develop a more robust response in terms of non-custodial measures and other non-prison-based responses to women in conflict with the law.

Details

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

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Women's Imprisonment in Eastern Europe: ‘Sitting out Time’
Type: Book
ISBN: 978-1-80117-283-7

Book part
Publication date: 29 March 2022

Prarthana Rao, Min Jee Yamada Park and Samantha Jeffries

To date, intersectional feminist criminological enquiry concerned with exploring junctions of gender and ethnicity amongst incarcerated women, has mainly come from studies…

Abstract

To date, intersectional feminist criminological enquiry concerned with exploring junctions of gender and ethnicity amongst incarcerated women, has mainly come from studies undertaken in western nations. In this chapter, we present findings from research undertaken in Thailand that explored incarcerated ethnic minority women’s backgrounds, situational contexts surrounding their criminalization and criminal justice system experiences, with particular attention paid to women’s time in prison. Our purpose was to examine how gender and ethnicity intersected, impacting the lived experiences of criminalized ethnic minority women before and during their incarceration. Findings revealed the ways in which these women are marginalized inside and outside prison walls. On the outside, the women struggled with patriarchal systems of power, both within and beyond their communities. They were subjugated as women and by discourses of ethnic othering. Under-education, poverty, living with state, community, familial and intimate partner violence, trauma, and other adversity were key aspects of the women’s pre-prison lives and created the contexts from which they came into conflict with the law. The women faced challenges in accessing justice and, once imprisoned, gender and ethnicity intersected in several domains, to impact their carceral experiences.

Details

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

Keywords

Book part
Publication date: 25 October 2019

Marie Anne Hutton

The title of this chapter was inspired by Martin, a prisoner the author met while conducting fieldwork. Martin remarked that, despite the common rhetoric around prisoners…

Abstract

The title of this chapter was inspired by Martin, a prisoner the author met while conducting fieldwork. Martin remarked that, despite the common rhetoric around prisoners ‘maintaining’ their family ties, the reality was that during imprisonment it became more about trying to cling on to them. Imprisonment is perhaps one of the most brutal disruptions a family can undergo, leaving them little choice but to adapt to this enforced transition. Immediately, the spaces where family life can happen narrow severely and become dictated by the prison environment and the plethora of rules that regulate it. The immediate physical separation, onerous restrictions on physical contact and the heavily surveilled nature of family contact during imprisonment constricts space for emotional expression, often rendering romantic relationships clandestine and fatherhood attenuated. Further, the temporal space for family is reduced as limited opportunities for visits lead prisoners to eschew contact with wider family members and prioritise their ‘nuclear’ family. Drawing on empirical research conducted at two male prisons in England and Wales, this chapter then, will detail the complexities of how families navigate this transition and the limitations on what family can mean in the prison environment. The chapter will conclude with the implications of these restrictions for the ultimate transition when prisoners return ‘home’.

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Families in Motion: Ebbing and Flowing through Space and Time
Type: Book
ISBN: 978-1-78769-416-3

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Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery
Type: Book
ISBN: 978-1-80043-607-7

Article
Publication date: 1 March 1995

John Black

Industrial relations problems in the UK Prison Service are part ofthe wider crisis within the penal system over the past 30 years, fromthe era of the Mountbatten Report of 1966 to…

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Abstract

Industrial relations problems in the UK Prison Service are part of the wider crisis within the penal system over the past 30 years, from the era of the Mountbatten Report of 1966 to the Woolf Report of 1990, and beyond. Incidents and disputes, concerning both industrial relations and the problems of prison regimes, attract wide media reporting, not all of it accurate. Attempts to redress this selectivity, and to demonstrate the complex linkages between industrial relations and the administration, management and reform of the penal system. Focusing mainly on the Home Office Prison Service (HOPS), and on the three main trade unions, highlights the differing political goals of the prison service, and the perpetual turmoil without clear purpose in which the principal actors seem to be enmeshed.

Details

Employee Relations, vol. 17 no. 2
Type: Research Article
ISSN: 0142-5455

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Article
Publication date: 22 February 2022

David Shaw, Helene Seaward, Felix Pageau, Tenzin Wangmo and Bernice S. Elger

This paper aims to describe and analyse Swiss prisoners’ and experts’ views on collective punishment, the practice where a group is punished for one person’s transgression.

Abstract

Purpose

This paper aims to describe and analyse Swiss prisoners’ and experts’ views on collective punishment, the practice where a group is punished for one person’s transgression.

Design/methodology/approach

A series of qualitative interviews with prisoners and stakeholders are reported following thematic analysis.

Findings

Despite being forbidden by the Geneva Convention and other international instruments, participants from this study expressed the view that collective punishment continues to be practiced in some form in prisons in Switzerland, violating the rights of prisoners via unjust and arbitrary decision-making, unjust rules, inequalities in prison structures and continuation of incarceration based on the behaviour of others. Families can also be both victims and vectors of collective punishment, and prolonging the detention of prisoners who would otherwise have been released because of rare high-profile cases of reoffending can also be considered a form of collective punishment.

Originality/value

These significant findings suggest that collective punishment in various forms continues to be used in Swiss prisons.

Details

International Journal of Prisoner Health, vol. 19 no. 2
Type: Research Article
ISSN: 1744-9200

Keywords

Book part
Publication date: 21 March 2023

Delali A. Dovie

This chapter seeks to present an in-depth understanding of the dynamics of the experience of criminal involvement in old age, drawing on data from a descriptive, phenomenology…

Abstract

This chapter seeks to present an in-depth understanding of the dynamics of the experience of criminal involvement in old age, drawing on data from a descriptive, phenomenology study with 20 offenders aged 50 and over at a total institution in Ghana. The findings show that the onset of offending in later life is embedded in diverse scenarios including a survival strategy pertaining to engagement in economic activities for survival with retirement planning implications. Correspondingly, the crimes committed are violent, namely, murder, causing physical harm, food poisoning, and those that are non-violent, namely, narcotics dealings, petty thievery in nature. Among others, cognitive impairment/dementia and poverty are contributory factors to the incarnation of older offenders between one month and 27 years. The older offenders were involved in second line criminal activities, namely, the sale of stolen goods obtained from first liners. Compliance with prison rules incentivised reduced prison sentence years, fostered peace of mind. Tipping colleague inmates to execute allotted prison work is another coping strategy resulting from inability to do same. Imprisonment induced Christianity-oriented reformation, served as an integrative factor between criminality and serving prison sentence(s). Also worth reiterating is the fact that imprisonment may induce stigmatisation and isolation-related loneliness, while serving as an antidote to the pangs of loneliness with consequences for recidivism among older offenders. Gerontological offending has debilitating effects on older adults and is associated with the social isolation of an age cohort that is already predisposed to witchcraft accusations. The conduction of cognitive impairment/dementia tests on older offenders may moderate the sentence they receive.

Details

Not Your Usual Suspect: Older Offenders of Violence and Abuse
Type: Book
ISBN: 978-1-80071-887-6

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Haunting Prison: Exploring the Prison as an Abject and Uncanny Institution
Type: Book
ISBN: 978-1-80455-368-8

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