Details
Legal instruments & key provisions
| Legal instrument | Key provision |
|---|---|
| Penitentiary System Act (Strafvollzugsgesetz) | Female prisons should generally be run in such a way that inmates are housed in shared accommodations (Wohngruppenvollzug). This means that inmate cells are open. Prisons shall be run as male or female institutions or in such a way that the male and female detainees held in the same institution are separated from each other. |
| Penitentiary System Act (Strafvollzugsgesetz) | Female detainees who have the right to care for and bring up their children may keep them with them until they reach the age of two, unless this would be detrimental to the child. |
NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS
| Year | Recommendation | Report |
|---|---|---|
| 2017 | Correctional institutions: In February 2016, the Federal Ministry issued the “Minimum standards for women in Austrian correctional institutions” (“Mindeststandards für den Frauenvollzug in österreichischen Justizanstalten”) which established standards for the placement and care of female detainees awaiting trial and female inmates. The individual correctional institutions were then called upon to develop appropriate proposals on how to implement these minimum standards locally (see NPM Report 2016, pp. 120 et seq.). The minimum standard was to be implemented by 30 December 2016 at the latest. Even though steps towards implementation were taken, the NPM found, for example, that the minimum standards had not yet been fully implemented in Vienna-Josefstadt correctional institution by the end of 2017. According to the minimum standards, female detainees are generally to be housed in residential groups. Of the three wards in the women’s department at Vienna-Josefstadt correctional institution, only one ward was ru | Report details |
| 2018 | Correctional institutions: All women’s sections must be normally operated as shared accommodation in accordance with the minimum standards for the detention of women. Only in justified exceptions should female detainees be in regular detention. The cells in women’s sections must be kept open on weekdays, weekends and public holidays. The women’s sections require additional personnel resources in order to be able to comply with the minimum standards for women in detention. Police detention centres: All detainees must be given access to toiletries. Women must be provided with the necessary toiletries during menstruation. | Report details |
| 2019 | Correctional institutions: All women’s sections shall usually be operated as shared accommodation in accordance with the minimum standards for women in prison. Female detainees shall only be kept in regular detention in justified exceptions. The cells in the women’s sections shall be open all day on weekdays, weekends and public holidays. The concepts for women’s sections shall undergo an annual evaluation. Birth preparation and post-natal care should be available to inmates to the same extent that it is to women living in freedom. The correctional institutions shall ensure that pregnant inmates receive birth preparation support from a midwife. Staff deployed to mother and child departments should be informed about the rights of the child. | Report details |