Bleeding in Silence: The Forgotten Health Rights of Women in Bangladesh’s Prisons

Mahmuda Ahmed 

Introduction :

Menstruation is a natural biological process of women and girls, it related to their reproductive health. Yet now, it is one of the most neglected areas of health and human rights. The situation is tremendous, miserable when they are menstruate in prison or in police custody. In the mail- oriented prison administration structures, menstrual health of women and girls are  disregarded. In prison, very often, incarcerated women and girls  face severe challenges in managing their menstrual health and hygiene. In most cases, they are forced by the prison authority to manage  their menstruation in dirty, unhygienic conditions. They can’t access to essential menstrual products as well as face trouble for clean water, washing facilities, and proper disposal systems which leads to poor menstrual hygiene management. As a result, they suffer infections , reproductive health conditions.  Further, the stigma, humiliation, silence surrounding menstruation within prison systems prevent them to raising voice for access facilities in the time of menstruation.

Menstrual Health  is  a Human Rights Issues:

Menstruation Health management rights of women and girls is not directly mentioned in the international instruments.  These are protected under the broad umbrella of Right to Health. Right to health is universal and this right must be respected and protected in all circumstances. Besides, Menstrual health right is connected with various human rights such as right to dignity, equality,  non-discrimination, water and sanitation facilities. If unavailable of menstrual products, hygiene and sanitation facilities, education and information about care of reproductive health it affects the dignity of those who menstruate and violate all of these rights.

Right to health is a fundamental human rights. It means  not absence of disease,but includes all factors that influence health of person and create impairment for access this right, violate other rights.

Article 25 of the Universal Declaration of Human Rights(UDHR), the first document of human rights declared that, “Every person has a right to a living standard which is satisfactory to the health and well-being of the person and their family.”

Article 12 of International Covenant on Economic, Social and Cultural Rights (ICESCR)lays out that, “ Everyone has right to the highest attainable standard of physical and mental health including access to health facilities, goods, services without discrimination.”

Article 24 of Convention on the Rights of Child( CRC) provides that, “ State parties recognize the right of the child to the enjoyment of the highest attainable standard of health. State parties shall strive to ensure that no child is deprived of his or her right of access to health- care facilities”.

The highest attainable standard of physical and mental health can’t fulfill without provide  convenient situation of menstrual health management of women and girls in all circumstances. This Article provides right to health everyone and women has special needs for her reproductive health so this provision of right to health  also give right to menstrual health management including hygiene, products and sanitation facilities of women and girls all over the world.

The right to dignity is a core principle of all human rights. It ensure that individuals are treated with respect and recognize the value of human being.

Article 1 of UDHR provides that, “ All human beings are equal in dignity and rights”.

Article 10 of International Covenant on Civil and Political Rights (ICCPR)  also recognize that, “ All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”.

Also Article 7 of the same covenant states that,” No one shall be subjected to torture or to cruel, inhuman or degrading punishment and punishment”.

Menstruation is a  part of dignity of women and girls. The denial of menstruation hygiene products , healthcare,  hygiene and sanitation facilities or forcing women to continue their menstruation under unhygienic conditions is a hit of women’s dignity, disregard their dignity and violation the fundamental human rights principle. Besides, these act constitute degrading treatment under international law.

Discrimination based on sex is violation of human rights and disrespectful for women. Non-discrimination means all persons treated fairly without based on sex.

Article 7 of the UDHR declared the principle of non-discrimination. It declared, “ All are equal before the law and are entitled without any discrimination to equal protection against discrimination in violation of this Declaration”.

Article 26 of ICCPR also recognized the same principle by the words that, “All persons are equal before the law.......... In this respect, the law shall prohibit any discrimination on any grounds such as race, colour, sex, language or other similar status”.

Article 12 of Convention on elimination of all forms of discrimination against women(CEDAW) obligates state parties make all efforts to eliminate discrimination in the field of health care and ensure women access to health care services.

So, by providing all facilities related menstrual health management, gender-based discrimination is reduced. It give confidence to the women to do work like man.   It  also ensure  that women  can participate  in all sectors with man which ensure equality of woman and eradicate the ratio of women’s drop out in all sectors.

Besides, some regional instruments also protected these rights specially for woman’s and girls.

Protocol to the African Charter on Human and People’s rights on the Rights of Women in Africa by Article 14 impose obligation to the state parties that they shall ensure right to health of women including sexual and reproductive health is respected and promoted.

It specifically mention the term “ Sexual and reproductive health is respected and promoted” besides the term “ Right to health of women” which gives the right to management of  menstrual health , safe environment  at that time and   access all  facilities related menstrual health  like- hygiene products, menstruation articles, sanitation facilities, healthcare services and information about  reproductive health matters  by the women whenever they live. It also recognize menstrual health of women and girls.

Inter- American Convention on the Prevention, Punishment and eradication of violence against women States  in Art 4 that, “ Every women has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments.

All human rights instruments, international and regional directly or indirectly protect the right to menstrual health and other co-related rights and obliges state parties to take measures for access facilities and environment related menstrual health protection, management  and ensure all these rights.

American Convention on Human Rights also recognize by Article 5 that, “ Every person has the right to have his physical, mental integrity” which includes and indirectly protected women’s menstrual health and all facilities regarding this and co-related other rights.

International Guidelines related women prisoner’s health :

Generally prison, detention systems are designed for male prisoners. As a result, female prisoners  specific health issues are neglected Such as reproductive health issues, pregnancy, menstrual hygiene and fails to address vulnerabilities, sufferings of women in prison.  Though they are incarceted, prison can’t curtail their human rights, because human rights are universal and applicable for all persons including prisoners. Realizing this fault and fill up the loopholes, the international communities make set of rules for female prisoners  which address specific needs and health issues of them, also impose obligation to the authority for  take measures to  ensure  that women in detention are treated with dignity, provided with adequate healthcare, and protected from discrimination or violence.

One of the landmark international instruments in this regard is the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (commonly known as the Bangkok Rules), The rules are called the "Bangkok Rules" because they were first drafted and proposed during a meeting held in Bangkok, Thailand.

Rule 5 recognizes that women prisoners shall have accommodation facilities and required materials to meet women’s specific hygiene needs, including sanitary towels provided free of charge and a regular supply of water to be made available for the personal care of children and women.

This  rules directly protect menstrual health of women and girls and ensure hygiene, sanitation facilities for menstrual hygiene management in prison system and they can access free of charge.

Rule 6 deals  comprehensive screening to determine primary health care needs of women prisoners. says that, “ The health screening of women prisoners shall include-

·       The presence of sexually transmitted diseases or blood- borne diseases.

 

·       Mental health-care needs- post-traumatic stress disorder, risk of suicide.

 

·       The reproductive health history of the women prisoner, including current pregnancies, childbirth and any related reproductive health issues.

 

The menstrual health is related to reproductive health issues. It ensures health care services of women prisoners related reproductive health matters as well as menstrual health related matters.

Article 17 related to right of women prisoners to receive education and information about  HIV, sexually transmitted diseases as well as gender- specific health conditions.

United Nations Standard Minimum Rules for the Treatment of Prisoners, commonly known as Mandala Rules establish the minimum international standards for the treatment of prisoners and are widely recognized as a benchmark for prison reform  globally.

At first, it declared and recognized by Rule 1 that all prisoners treated with their inherent dignity and they shall be protected from torture, and other cruel, inhuman or degrading  punishment.

This instrument and rule are adopted for prisoners in general. Women are fall into the category of “ All prisoners” and their right to dignity and freedom from torture must be protected.

Rule 2 recognize the principle of non-discrimination. It declared the present rules shall be applied impartially and there shall be no discrimination on the grounds of race, sex, colour, origin or other status.  So women can access all facilities under this rule and  if interpreted this rule, it impliedly says that  as menstrual health and facilities are specific needs of women and girls, failure to accommodate these needs in prison constitutes gender-based discrimination.

Rule 18 states that, “ Prisoners shall be required to keep their personal clean and for this purpose they shall be provided with water and toilet articles as are necessary for health and cleanliness.”

This rule is indirectly protection of menstrual health and hygiene, sanitation facilities  of women by providing them water and toilet articles for health, cleanliness purpose. Though not directly use the term “ Women Prisoners” but they are generalise and fall the category of prisoners.

Section 24 provides provision of health care facilities for prisoners. It ensure that prisoners should enjoy the same standards of health care that are available in the community and should access services free of charge without discrimination.

That means, female prisoners can access health care services related reproductive health products and other health matters free of charge which helps to protect menstrual health of them.

 

Laws relating to female prisoners health in Bangladesh:

The Constitution of the People’s Republic of Bangladesh is the supreme law of our country. The constitution secure the citizen’s right through Fundamental Principles and Fundamental Rights. The state is bound to ensure these rights and these rights are judicially enforceable. On the other hand, though  fundamental principles are enforceable by court,  they serve guiding principles  and  moral values of the state.

Article 27 states that, “ All citizens are equal before law and are  entitled to equal protection of law.”

The female prisoners are also citizens of Bangladesh. So,  the constitution guarantees that they have same rights like any other citizen.  According to Article 27 this includes  right to equality and equal protection of law. These rights encompass  right to health, dignity, human treatment in prison, because prison can’t curtail their any kind of fundamental right specially right to health and gender-specific care.

Article 32 provides that,  “ No Person shall be deprived of life and  personal liberty”

This Article  is interpreted by the Judicial and recognized that right to life means not only biological existence  but include all factors that existence. Rather, it encompasses the right to live with human dignity, including access to basic necessities such as food, shelter, health care, hygiene, and mental well-being.

Female prisoners right to health is interlinked their right to life. Right to health includes also menstrual health, products, hygiene facilities. In prison system, if the authority denial to provide these facilities or force to manage menstruation in unhygienic conditions it violates their right to health and dignity as well as fundamental rights.

Therefore, the State has a constitutional obligation to ensure that prison environments uphold the dignity and health of all prisoners especially vulnerable groups like women by providing necessary health facilities.

 

Prison Act, 1894 does not specifically mention female prisoners right to health or menstrual health. By 27(1), it declared that female prisoners imprisoned in separate building or separate part of  the same building for the purpose of prevent their seeing or conversing or holding any intercourse with the male prisoners.

Prison Act, 1900 basically deals with lunatic prisoners.

Jail code deals with administration of prisons where keep provision for women staff in female prison.

The prisoner rights related law does not provides any provisions female prisoners health, nor even separate laws related to female prisoners or adolescent girls. The health of female prisoners are not prioritised though Bangladesh is signatory the international instruments and prison related instruments.

 

Scenario of  prisoners in Bangladesh

The present scenario of our prison system does not comply with the laws, rules of international  human rights standards or our constitution or domestic laws. In our prison, there exist various problems like lack of sufficient food, cloth supply, health -care services, proper implementation of budget for prisoners . Also , corruption, abuse of power, physical and mental mistreatments  and  exercise by authority.   Here, prisoners are not treated as human. Obviously, female prisoners menstruation health and hygiene needs  are not receive no attention or priority.

The prison now faces severe overcrowding and it leading to deplorable living conditions.  According to Prison Population Statistics 2021, In March 2021, Bangladesh had a total jail population of 83107. Female convicts make up 3,222 of the total. Our jail capacity for convicts is 36,614 while their actual population is nearly double the authorized capacity. For overcrowding situation, prisoners are forced to live in congested spaces which  exposes them to various contagious diseases, poor sanitation and chronic health risks  due to prolonged exposure to unhygienic conditions. Female prisoners are face a horrible situation in prison at their menstruation time because there is no facilities to manage their menstruation health and hygiene Such as access to sanitary pads, clean water, proper disposal management. It systematic denial of their health rights and human dignity, violation of both national and international obligations.

Recommendations

The female prisoners face troubles in prison, but it twice when they are menstruate. The domestic prison related laws are not aligned with international human rights standards and prisons rules.

There shall be change in our prison systems to protect female prisoners health. So, for this purpose, some recommendations are:

1)Amend the Prisons Act, 1894 to incorporate provisions specifically addressing the health needs of female prisoners, including menstrual hygiene management.

2)Enact a modern and gender-sensitive Prison Reform Act aligned with international human rights standards, such as the UN Bangkok Rules.

3)Provide clean water, private toilet facilities, and safe disposal mechanisms in women’s prison wards and ensure that menstruating prisoners have access to all facilities during their menstruation time.

4) Create special support mechanisms for pregnant women, breastfeeding mothers, disabled women, and adolescent girls in prison.

5)Establish independent oversight bodies or committees to monitor prison conditions, especially concerning women’s health rights. 

Conclusion

Female prisoners are entitled to the same constitutional rights as any other citizen, including the right to health, dignity, and humane treatment. However, the reality of Bangladesh’s prison system reveals a serious neglect of these rights—particularly in relation to menstrual health and hygiene. Overcrowding, poor sanitation, and lack of gender-sensitive care expose women to physical and psychological harm.

This failure not only violates national laws but also international human rights standards. To ensure justice and human dignity, urgent prison reforms are needed with a focus on gender-responsive policies, healthcare, and accountability. Menstrual health must be recognized and addressed as a basic human right within the prison system.