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Human Rights and Prisons - Rethinking Crime and Punishment

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prisoners were ignored. Such approaches also result in the bullying<br />

<strong>and</strong> intimidation of older prisoners by younger prisoners.<br />

8.3 Gender<br />

Law <strong>and</strong> policy framework<br />

Policies regarding the detention of women are set out in the Corrections<br />

Regulations (rr 24 <strong>and</strong> 65 which provide for the separation of female <strong>and</strong> male<br />

prisoners) <strong>and</strong> in national policies (PSOM, M.03.02) that pay attention the<br />

specific needs of women.<br />

Issues<br />

The imprisonment rates of women has continued to grow. Although the<br />

apprehension rates for women have been relatively stable over the last<br />

decade, women are being imprisoned at an escalating rate, „approximately<br />

two to three times faster‟ than the rate for men (Tolmie, 2007:11.2.3). In<br />

1983, the number of women in prison was approximately 110; by 30 April<br />

2010, this had increased to 512 (including 122 women on rem<strong>and</strong>).<br />

Women make up just over 6% of the total prison population. In terms of<br />

ethnicity, the over-representation of Māori is acute within the female<br />

population. In 2010, 61% of female sentenced prisoners were Māori, 29%<br />

Pakeha, 4% Pacific peoples <strong>and</strong> 6% „other‟ ethnicities (Rainford, 2010).<br />

The reasons why women are being increasingly imprisoned are varied,<br />

reflecting shifts in attitudes towards female offenders. There are lower<br />

custody thresholds in relation to drug offences; increases in the use of short<br />

custodial sentences; increases in the numbers of women placed on rem<strong>and</strong>;<br />

notions that women <strong>and</strong> girls should be treated the same as men (such that<br />

children are not used as mitigating factor to keep women out of prison, as was<br />

historically sometimes the case); <strong>and</strong> fears about new „breeds‟ of violent girls<br />

<strong>and</strong> women, that, on investigation, have been seen to be subject to<br />

overstatement (Codd, 2008; Player, 2007; Tolmie, 2007).<br />

The profile of women in New Zeal<strong>and</strong> prisons reflects the nature of women<br />

imprisoned in other jurisdictions. As Kingi et al (2008:4) highlight, „Women<br />

enter prison with a range of problems. They tend to be poor or welfare<br />

dependent, have few educational qualifications, have mental health problems,<br />

histories of drug <strong>and</strong> alcohol abuse <strong>and</strong> tend to have experienced high levels<br />

of victimisation‟.<br />

International research (Loucks, 1998) has also shown that the number of<br />

female prisoners who have suffered violent <strong>and</strong>, in particular, sexual abuse is<br />

very high. These factors highlight that female prisoners are in need of<br />

treatment <strong>and</strong> support systems that deal with both their previous victimisation<br />

as well as their offending behaviour.<br />

90

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