A female detainee dances during a party celebrating International Women's Day in a detention house in Rizhao, Shandong Province, in 2013. Photo: CFP

A recent report by a team of Renmin University of China researchers on female detainees and inmates in China's jails has found that, although China compares well internationally in some respects, gender differences are often neglected, with provisions for conjugal and family visits the most notable problem. 

The report, which used the Bangkok Rules, the United Nations' standards for the treatment of women prisoners as a reference, was based on a survey of 458 female inmates combined with interviews and on-site inspections at two prisons and three detention centers between 2013 and 2014.

Pregnancy arrangements

The report found that there are a few areas in which China's detention centers and prisons have performed well.

For example, women who are pregnant are not placed under detention or forced to serve prison sentences.

According to China's Criminal Procedure Law, female criminal suspects or defendants are allowed to obtain a guarantor pending trial or be placed under residential surveillance if they are pregnant or breast-feeding their own baby. If a criminal is pregnant, courts typically suspend execution of a sentence, or permit her to temporarily serve her sentence outside prison.

"Our research found that the treatment of pregnant detainees and inmates in China is particularly outstanding. Some countries place pregnant women under custody or allow babies to live with their mothers in prison, something which is deeply unhealthy for a developing child," Cheng Lei, the associate law professor at the Renmin University of China who led the study, told the Global Times.

"Female detainees are required to undergo pregnancy tests before they arrive at a detention center. After they entered the center, staff arrange another pregnancy check and must report to authorities if a pregnancy is discovered," said a policeman working at one of the detention centers investigated in the report.

Since 2009, China has also established women's detention centers or cell blocks to reduce female prisoners' risk of sexual assault or harassment.

Right to sex

However, the report found that female detainees and prisoners in China have difficulty in exercising their right to sex. Although conjugal visits of between 12 and 24 hours were frequently permitted in the late 1990s, some prisons began to stop the practice due to controversies and difficulties during the visits.

"There are to date no clear regulations allowing conjugal visits," Cheng said. "And there are difficulties in implementing such visits, because of issues with visitor safety and pregnancy."

Also, despite increasing awareness of inmates' rights to marriage, many could not obtain a marriage certificate because of a 2004 Ministry of Civil Affairs ruling that inmates must personally apply for the certificate at a marriage registration office.

"For security reasons, prisons generally do not want to take the risk of transporting inmates to the registration office, while staff at the registration office are not willing to travel to the prison," Cheng said. "The right to marriage is limited."

Wang Ping, a professor with the China University of Political Science and Law, however pointed out that prisons and detention centers have the right to exercise discretion in such cases as necessary.

The role of family

Apart from the rights to sex and marriage, the study found that the notion of gender difference is generally neglected in both prisons and detention centers.

For example, surveillance cameras are installed in prisons and detention centers, covering all areas including bathrooms and toilets. Cheng describes the practice as a serious violation of privacy.

"During the detention period, I felt my dignity was offended. There were cameras everywhere, and I knew I was filmed when I was using toilets. I had to change my clothes in bed to avoid being watched," a woman surnamed Lu, who was detained twice in 2013 and 2014, respectively, told the Global Times.

In one of the detention centers investigated, researchers found that footage of both female and male cells were viewed by male staff in the center's control room, putting female detainees' privacy at risk. 

Also, the distinct family role of female offenders was neglected. "In Chinese society, women are vital to the stability of family. If they are jailed, their family could be fractured," Cheng said, adding that women's emotions are closely linked to their family.

"In several cases, the husbands of the female inmates requested a divorce, with custody of the children going to the father because the mothers were criminals. As a result, some inmates have a poor relationship with their children, leaving many with little motivation to improve themselves while in jail," Cheng noted.

In December 2014, a woman surnamed Wang in Chongqing was arrested during drug dealing, according to cq.qq.com, a news website run by Tencent and the Chongqing Economic Times. Her 6-year-old son, who suffers from a congenital heart disease, was left alone without a guardian as his parents had divorced two years ago. The child was eventually placed under the care of local police and was passed to his father after two weeks.

Early in 2003, a 3-year-old child in Chengdu who was locked in a bedroom was starved to death at home after her mother was arrested for drug abuse, people.cn reported.

Cheng suggests increasing the length and frequency of female inmates' contact with their families, which currently stands at just five minute by phone a month.

Female inmates should also be allowed to serve their sentences near their family residence, making it easier to care for their children. Many prisons are located far from cities, making family visits inconvenient, and impeding normal mother-child relationships, Cheng said.

"In principle, China's Prison Law is in line with the international standards, but [the applicable] law and regulations could be refined," Wang said, adding that there are only 78 articles in the Prison Law, and that more could be added to optimize the law.

Cheng also said the quality of inmates' treatment is inversely proportional to the recidivism rate. "Improving the treatment of female detainees and inmates is good for all of society," Cheng said, adding, "Treating male and female inmates the same is not equality. True equality is arranging appropriate treatment that takes into account differences between men and women."
Newspaper headline: Women behind bars