However, in the system of execution of punishments, which is fundamentally oriented towards the execution of men’s sentences, women often find themselves on the “margins”, women’s health and psychological problems are left to their own devices, and imprisonment itself resembles the simplest “incarceration”.
Imprisonment conditions are the same for everyone?
Today, there are still short-sighted views that prison conditions for both men and women should be substantially the same, as there is a threat of violating the constitutional principle of equality of all persons before the law.
However, after examining the legal acts adopted by the Constitutional Court of the Republic of Lithuania in more detail, it can be seen that the constitutional principle of equality of persons before the law, which means the natural right of a person to be treated equally with others, obliges the same facts to be evaluated equally and essentially prohibits the same facts from being arbitrarily evaluated differently , but does not deny that the law may establish unequal legal regulation in relation to certain categories of persons in different situations.
Thus, taking into account the interpretation of the Constitutional Court, it must be said that not only the biologically determined characteristics and differences of men and women, but also the social context of women in prison is a very solid basis, which allows for the creation of prison terms that respond more empathetically to women’s needs.
The specific and extremely sensitive position of women in the system of execution of punishments should be determined by the social portrait of women, experienced post-traumatic events, which become even more significant due to the fact of committed criminal acts and imprisonment.
The dominant crimes committed by women are related to murders, possession of narcotic or psychotropic substances and property crimes (thefts, robberies).
A more detailed analysis of one of the most commonly committed criminal acts – murders – shows that, despite the complex “external” side of the criminal act, their structure, circumstances and motives are usually identical. During the research carried out in Lithuania, it was observed that aggressive actions of women were in most cases directed at the closest people – spouses, partners, children, brothers – and were usually carried out for the purpose of self-defense.
Women injured or killed their aggressive partners and other family members out of perceived threat, fear caused by the violence or coercion of a loved one. Moreover, women’s violence is often motivated by sick and painful experiences, depression, anxiety and fear.
A particularly large proportion of women who commit violent criminal acts are suffering from a borderline state, a stressful family situation, destructive behavior of the other half, financial difficulties, lack of opportunities to get an education or integrate into the labor market.
Kali women who have experienced many traumatic experiences
The term “backpack of social difficulties” used in criminology is apt for examining this aspect. If we tried to use the “backpacks” of women serving a prison sentence, we would see extremely painful and sensitive biographical content.
Erikos Ovčarenko/BNS photo/Panevėžys correctional facility
Many of them have experienced a number of traumatic experiences, so they bring a lot of psychological problems to prison, which are further intensified by the fact of imprisonment.
Imprisoned women suffer from depression, post-traumatic stress, psychosis or other mental problems more often than women in society in general. The international study of women’s prisons points out that in women’s prisons there is a lax attitude towards women’s health and psychological problems, possible symptoms of depression, and problems due to a low sense of self-worth.
For a large number of women who have committed crimes, these problems are compounded by low employment, unstable work relationships, and experiences of material and emotional dependence with male partners.
2022 submitted by the Prison Service. the data show that the majority of convicted women have obtained basic education (36 percent of all female prisoners), followed by secondary education. Thus, it must be understood that a progressive sentencing system requires recognition of the reality of women’s lives, with a sensitive assessment of their development and pre-offense facts.
Women are visited less often than men in prison
The majority of all imprisoned persons are adult men, while women in Lithuania make up only 4-5%. prison populations. This presupposes that the entire sentencing system is fundamentally geared towards the execution of men, as they constitute a significant part of it.
There are not many legal provisions that directly regulate the situation of women in prison, they are limited to the regulation of pregnancy and maternity issues.
Evaluating the information published by the Lithuanian Prison Service, it should be noted that women are offered crisis management, social integration, behavior change programs, and learning opportunities. Women in prison are engaged in handicrafts – sewing, embroidery, knitting, crocheting, and learn the specialties of hairdresser, seamstress, and cook.
The European Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CPT) notes in its report that women, like men, should be given the opportunity to engage in more promising work and not be limited to supposedly feminine jobs. It is important that the priorities of vocational training correspond to the reality of the labor market, and therefore should not be limited to activities that are traditionally considered suitable for women.
Erikos Ovčarenko/BNS photo/Panevėžys correctional facility
Women often experience stigma during and after prison. We have to admit that a man who has committed a criminal act and has served a prison sentence often adapts more easily and returns to his community and family.
Meanwhile, women who have served their sentence are more vulnerable, their family life suffers more often, their relationships with relatives and children have changed, society condemns them more harshly than men who have committed crimes.
Scientist Assoc. A study conducted by G. Sakalauskas and his colleagues revealed that even in prison, women are visited much less often by their relatives than imprisoned men, they experience greater difficulties trying to maintain relations with their relatives, as they often lose the support of their relatives due to the fact of imprisonment.
Children of imprisoned men (fathers) usually stay with their mothers, the reverse principle – for children of imprisoned mothers – does not apply. Many children living outside prison are sheltered by their grandparents, other relatives also play an important role, a significant number of children live in orphanages. That is why the anxiety felt about abandoned children is a constant companion of women throughout their imprisonment.
It is possible to be in prison with a child, but it is difficult to maintain contact afterwards
The Penal Code of the Republic of Lithuania states that pregnant women and mothers with children under the age of three, if they wish to raise their children themselves, can live in children’s (infant) homes located on the territory of the Panevėžys prison.
When the children of convicted women raised at the place of execution of the sentence, where the children’s (infant) home operates, reach the age of three or when the convicted women stop looking after them, these children are handed over to the children’s parents, close relatives or other guardians, and in their absence – to child (infant) care institutions . In this case, the relationship of imprisoned mothers with their children weakens, it is often impossible to maintain the relationship.
The Penal Code states that the prison administration may allow mothers with children under the age of three to live in special residential homes for the child and the mother located outside the territory of the place of execution of the sentence, but the wording established in the law only indicates a possibility, but not a mandatory practice, so it is regrettable that prisons the interests and well-being of women and their children are left to interpretation.
Tomas Markelevičius / 15min photo / Panevėžys correctional facility
In its report on women in prisons, the CPT pointed out that many women in prison are the primary carers of children or others whose well-being may be adversely affected by imprisonment. One particularly problematic issue is whether and how long babies and young children can stay in prison with their mothers.
The CPT recognizes that it is extremely difficult to answer this question because, on the one hand, prisons are clearly not a suitable environment for babies and young children, and on the other hand, the forced separation of mothers and babies is also extremely traumatic.
Maintaining contact with family and relatives is especially important not only for the quality social integration of female prisoners, but also to make it known that when the child turns three years old, relatives will be able to take care of his care. However, visiting imprisoned women is often complicated by the fact that we have only one place of imprisonment for women in Lithuania – the Panevėžys prison, so a large part of imprisoned women find themselves far from their relatives, which means that visiting them requires more time and financial resources.
The Penal Code of the Republic of Lithuania stipulates that when choosing a specific place of execution of the sentence (prison), among other things, if possible, the interests of the minor child and the permanent place of residence of the convicted person or his relatives are taken into account. Lithuanian women automatically lose this established opportunity, since there is only one women’s prison in our country.
Is a prison sentence the most effective?
When trying to answer the fundamental question of whether the Lithuanian penal system is capable of meeting the needs of female prisoners, it should be noted that although imprisoned women have a much lower threat potential than male convicts, this fact is almost not taken into account when creating appropriate conditions in prisons.
According to the data of the Lithuanian Prison Service, in 2022 women who were assigned a high risk of criminal behavior accounted for only 15 percent. of all women. In the international community, it is increasingly being said that in most modern penal systems, prison conditions are still not capable of ensuring the specific needs of women, so often women’s imprisonment turns into simple “protection and confinement” due to the absoluteness of the type of punishment itself.
Incarceration of women is often a harmful decision, as courts rarely consider women’s childcare responsibilities when sentencing women. Many women are incarcerated even if they do not pose a threat to society, even though their social reintegration needs would be better served by non-custodial measures.
The United Nations Rules for the Treatment of Women Prisoners note that “a large proportion of women prisoners do not necessarily pose a danger to society, and their imprisonment may not help but hinder their social reintegration”.
It is recognized that for the vast majority of incarcerated women, alternative sentences that provide help, support and treatment would be much more effective in building positive lives and at the same time preventing recidivism.
In order to create sentencing conditions that meet the needs of women in Lithuania, first of all, it is necessary not only to accept the reality of women’s lives, but also to understand that many women in prison end up there defending themselves from violence, discrimination, and violence from partners and relatives, and the otherness of the sentencing conditions related to maternity and pregnancy, is not sufficient and able to ensure the needs of women in prison.
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2024-09-02 07:14:07