CEDAW/C/CAN/CO/8-9
(d)
Intensify its efforts to provide sufficient numbers of affordable
childcare facilities and affordable and adequate housing options, including in
aboriginal communities, with priority being given to low-income women.
Disadvantaged groups of women
Women in detention
48.
The Committee is concerned about:
(a)
The high and rising incarceration rates of Aboriginal women and African
Canadian women in federal and provincial prisons across Canada;
(b)
The classification of many women in the federal prison system at a
maximum-security level, thus restricting their access to work and community
programmes and to aboriginal healing lodges;
(c)
The high rates of HIV/AIDS among female inmates;
(d)
The many cases of administrative or disciplinary segregation, sometimes
for long periods of time, including of detainees with mental illness, and reported cases of
solitary confinement;
(e)
The continuing presence of male guards in female prisons, which increases
the risk of sexual harassment or assault and violates the right to privacy of women in
detention.
49.
The Committee recommends that the State party:
(a)
The State party address the issue of disproportionate incarceration of
aboriginal and Afro-Canadian women, including by increasing the use of
alternative measures for those who commit non-violent offences;
(b)
Redesign its classification system for women in the federal prison
system to ensure their access to work and community programmes as well as to
aboriginal healing lodges;
(c)
Expand care, treatment and support services to women in detention
living with or vulnerable to HIV/AIDS, including by implementing prison-based
needle and syringe programmes, opioid substitution therapy, condoms and other
safer sex supplies;
(d)
Abolish the practice of solitary confinement, and effectively limit the
use of administrative or disciplinary segregation as a measure of last resort for as
short a time as possible and avoid such measure for women with serious mental
illness;
(e)
Discontinue the practice of employing male guards as front-line staff in
women’s institutions.
Marriage and family relations
50.
The Committee welcomes the adoption of the Family Homes on Reserves and
Matrimonial Interests or Rights Act. However, it is concerned that the Act does not apply
to the First Nations reserves that have enacted their own First Nations matrimonial real
property laws under the Act or the First Nations Land Management Act.
51.
The Committee recommends that the State party adopt guidelines or
minimum standards which should be incorporated by First Nations to ensure
women's matrimonial property rights.
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