From Protection to Punishment: Post-Conviction Barriers to Justice for Domestic Violence Survivor-Defendants in New York State

A human rights assessment of menopausal women's access to age- and gender-sensitive nondiscriminatory health care in prison

“…Appropriate health policies and pharmacological and lifestyle practices to manage menopause in prison remain underdeveloped 33,37,40-42,45,48 . US-focused editorials and sociolegal reviews, in particular, underscore the need for evidence-based policies, prescribing guidance and health care recommendations to support menopausal women in prison 35-38 .…”

“…It is vital that prison systems operate with skilled healthcare providers who are understanding and knowledgeable to address the unique health and often comorbid needs of menopausal women 34,37-39,41,42,44,46,47 . Menopausal women have a right to access competent, qualified medical care in prison (Bangkok Rule 13; “Prison staff shall be made aware of times when women may feel particular distress, so as to be sensitive to their situation and ensure that the women are provided appropriate support.” 22 Many reported on prison staff insensitivity toward menopausal women and the denial of care, the sanctioning of those unable to wear uniforms correctly, and including the lack of choice around the gender of the clinician treating them 40,45,46 . A menopausal imprisoned woman in the United States 40 (p2) shared that: “If you are not dying, they will not do anything…with regards to menopause, they just said ‘you will get through it.” Several US studies reported on lack of menopause-specific competency of prison-based medical professionals 40 .…”

“…Join the club.” and “Why are you here? There is nothing wrong with you.” 45 (p172) In Canada, the establishment of Women's Health Clinic enhanced comprehensive and gender-specific care capability by encouraging healthcare providers to be more understanding and enabling them to provide multiple and holistic health services 44 …”

“…Schach et al 33 observed the need for prison systems to allocate funding to support staff training in providing care to menopausal imprisoned women. Training is recommended to support the achievement of an age- and gender-sensitive, and trauma-informed approach to prison health care, 34,38,41,42,44,45,47 garners trust, 44 and does not dismiss or ignore the requests of menopausal women for support 33,40,46 …”

“…The final data set (n = 16) consisted of a broad range of methodologies based on consultations, prison inspections, and prescribing/chart data with qualitative studies using interviews with women in prison and healthcare providers (the United States, Brazil, Canada, New Zealand; n = 5) 39-43 ; mixed-method studies with women who experienced incarceration and healthcare providers (the United States, Canada; n = 3) 44-46 ; global reviews/opinion pieces (n = 2), 33,34 and US-based social legal reviews (n = 1) 35 and editorials (n = 3) 36-38 ; and secondary analysis of data (the United States, the United Kingdom; n = 2) 47,48 …”