Vulnerability, law: Case of female prisons

Prisons are meant to serve the interest of the society and to help society punish its non-law abiding citizens.

The Ghana Prisons Service is a state security organisation mandated to ensure the safe custody, welfare of prisoners and undertake the reformation and rehabilitation of prisoners whenever practicable.

The Service has an inmate population of about 13,695 out of which about 13,536 are males representing 98.8 per cent and about 160 are females representing 1.2 per cent.

There are seven female prisons out of the 46 prisons in Ghana namely; Nsawam female, Kumasi female, Tamale female, Sunyani female, Akuse female, Sekondi female and Ho female prisons.

Nsawam female prison has the largest inmate population of about 74 and Kumasi the second largest holds about 23 inmates.

The rest which make up about 40 per cent. The female prisons are managed by female prison officers with different professional background.

The female inmates are mostly between the ages 20 to 75 years and at least with basic education. Majority are Ghanaians with less than ten percent as foreign nationals.

Majority are unmarried, mothers of children under age 18, and daughters who had grown up in homes without both parents present.

Among some of the common offences committed by female prisoners include murder, assault, fraud, stealing, possession of narcotic drugs, child trafficking and causing unlawful damage.

Female prisoners in Ghana just like ordinary women also encounter several challenges during incarceration, some prior to imprisonment, others resulting from imprisonment itself.

These include separation from their children, physical and mental care, and lack of some vocational and educational programs.

When they are released from prison, they also experience victimization, unstable family life, school and work failure and mental health problems.

Other issues affecting female prisoners which have received minimum attention over the years are pregnancy and nursing, menstrual hygiene and other health (gynecological) issues.

Pregnancy, nursing

Two out of 50 women come to prison pregnant. They are mostly between the ages 22 to 30. Since 2016, the Prisons Service has admitted about 12 pregnant women and 18 nursing mothers into custody.

Incarcerated pregnant women and nursing mothers are particularly vulnerable to pregnancy complications related to poor nutrition and sexually transmitted infections because they often come from precarious social and economic environments that exacerbate these risk factors.

Pregnant women behind bars still get all the prenatal care they would on the outside and when it is time to give birth they are taken to hospitals outside the prisons for quality medical care.

They are returned to prison with their babies, if the children are well enough to come with them. Children who are born in our prisons are given maximum attention by officers.

The babies live in the same room with their mothers and Prison authorities ensure that both mother and child receive the best care in custody.

Items such as baby food, baby napkins, clothing and medication are mostly donor driven.

An infant is allowed to reside with the mother in prisons until he is weaned before handed to a relative. In cases where relatives of the prisoner refuses to accept the baby, he is handed over to the Department of Social Welfare until the mother is released from lawful custody.

Menstrual hygiene

In some jails according to research, women either bought sanitary materials from the prison canteen or resorted to using old cloth and rags posing a real concern to their menstrual hygiene. The case of Ghana is a little different.

Female prisoners receive sanitary pads from donors who pay occasional visit the prisons. These include faith-based organisations, non-governmental organisation and philanthropists.

Visitors who pay occasional visits to the prisons also bring some sanitary materials to their relatives in custody. Some female prison officers also sacrifice part of their income to provide sanitary products to inmates in need.

The poor among them who have lost contact with their family members rely solely on officers and donors for sanitary napkins.

While both men and women contract various conditions, some health issues affect women differently and more commonly.

Female inmates also may be affected with other health issues such as heart diseases, breast cancer, ovarian and cervical cancer, menopause, gynecological health, autoimmune diseases, depression and anxiety among others. In the past, some inmates who were affected by gynecological ailments such as fibroids had to undergo surgery which were sometimes financed by the prisons administration.

Regulations nursing mothers

The Prisons Regulation states that, ‘the child of a female prisoner may be received into a Prison with its mother until it has, in the opinion of the medical officer, been weaned.

When a child is received into Prison with its mother, such child shall not be taken from its mother until the medical officer certifies that it is in a fit condition to be removed.’

It further states that, ‘when the child has attained the age of twelve months the medical officer shall report, if he considers it desirable, that it should be retained for a further period.’

The question therefore is; is the prison environment conducive for the innocent child, and why should an innocent child suffer just because its mother has come into conflict with the law?

In order to address these concerns the United Nations Standard Minimum Rules for the Treatment of Prisoners (mandala Rules) should be adopted. Rule 2/2 states that, ‘Prior to admission, women with caretaking responsibilities for children shall be permitted to make arrangements for those children, including the possibility of a reasonable suspension of detention, taking into account the best interests of the children’. In view of this, it is therefore recommended that;

•The state has introduced suspended sentencing for convicted pregnant and nursing mothers, which needs to be better enforced. Suspended sentencing is a type of non-custodial sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform the order. If the defendant does not break the law during the period, and fulfills the particular conditions imposed, the court will order the original sentence to be served. If the defendant commits another offence or breaks the terms of the order, the court can order the sentence to be served, in addition to any sentence for the new offence.

•There should be more sensitization programs to educate women on the dangers of crime. This should be championed by the Ministry of Gender, experts in criminology, the Church, traditional leaders, Prisons Ladies Association (PRILAS) which is the ladies wing in the Prisons Service, and women with good moral standards in order to influence the decisions of women especially young adults and advise them to stay away from crime.

• Also, medical expects can occasionally pay visits to female prisons and provide free medical screening to prisons staff and female inmates on ailments such as breast cancer and cervical cancer, and provide counselling and treatment for those affected. They should also be educated on menstrual hygiene.

• Finally, the need for donor support. The Christian Bible tells us in Hebrews 13:3 to “continue to remember those in prison as if we were together with them in prison, and those who are mistreated as if you yourselves were suffering”. The Holy Quran in chapter 30:38 also says, “So give the near relative, the needy, and the wayfarer their due- that is best for those who seek God’s pleasure: such men are the ones who will surely prosper.”

I will therefore conclude by encouraging all faith and non-faith based organisations, philanthropists and the general public to extend their benevolence to inmates especially females inmates in our prisons by donating cash, food items, clothing, sanitary and medical items needed to improve their well-being.

The writer is with the Public Relations Unit of the Ghana Prisons Service