Gender Justice and Correctional Policy Reform for Incarcerated Women in South Africa

Description

DOI: https://doi.org/10.5281/zenodo.23473231

Nokonwaba Zandile Mnguni (Department of Criminology and Security Science, University of South Africa, Pretoria, South Africa)

South Africa’s constitutional framework is committed to the principles of human dignity, equality and social justice. However, incarcerated women in South Africa continue to experience correctional systems and practices that do not adequately address their specific gender needs. This article undertakes a socio-legal desktop analysis of legislative and policy framework relating to the rehabilitation and reintegration of incarcerated women in South Africa, with particular attention to the Constitution of the Republic of South Africa, the Correctional Services Act 111 of 1998, the White Paper on Corrections, and the United Nations Rules Bangkok Rules. The findings of this study reveal a gap between the legislative framework and the implementation of the correctional system within South Africa. The current correctional system is based on an institutional structure that was formed with the experiences and needs of men as the focus of the prison system. Such an institutional framework does not take into consideration the challenges of incarcerated women within the prison system, including experiences of trauma, poverty, caregiving responsibilities, gender-based violence, and socio-economic marginalisation. Framing correctional reform within the context of human rights and social justice, this article advocates for a renewed policy focus on gender justice, trauma-informed care, and community reintegration. Ultimately, this research contributes to discussions on correctional transformation by proposing holistic strategies to empower incarcerated women and reinforce South Africa’s constitutional commitments to dignity, equality, and social justice.