The Rights of Female Prisoners in Pakistan: A Legal and Human Rights Analysis

Abstract

This research paper aims at looking into the status of women prisons in Pakistan by adopting legal justice framework and human rights issues. Even though prisoners’ rights have been protected by national and international laws, the lives of women prisoners in Pakistan remain very challenging, including overcrowding of the prisons, gender-violent attacks, unavailability of proper healthcare and no access to mental health care. Local legislation including the Pakistan Prison Rules and international norms and standards including the United Nations Standard Minimum Rules for the Treatment of Prisoners presently known as the Nelson Mandela Rules, are seldom put into practice effectively thus, the female prisoners are at risk. The paper measures gender parity within the legal frameworks of the country and globally, showing where the criminal justice system fails women. Rehabilitation in relation to giving birth, meeting family members, and other needs of fertility age females serving time are not considered. The study also compares Pakistani practice in relation to international human rights standards, with reference to inadequacies in police conduct and female prisoners/players. The paper concludes by making the following suggestions as the way of dealing with these issues: gender sensitive training of prison staff, enhanced legal protection, and depopulation measures to reduce overcrowding. This is informing a set of measures to introduce specific services in a women-centered framework and to adopt a gender-sensitive approach in the sphere of penitentiary systems’ administration. Through these reforms this study seeks equal rights for women who are incarcerated and respect their rights without being violated as provided for in both the Kenyan constitution / bill of rights and other international conventions on human rights.