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Abstract

Women comprise a minority of the prison population, representing 10.6% of the prison population in Ireland in 2020. An issue of pressing concern is the over-representation of minority ethnic women among female prisoners. In Ireland, Irish Traveller women are 22 times more likely to be imprisoned than non-Traveller women. Their risk of imprisonment is greater than Traveller men who are over-represented among male prisoners. Traveller women in contact with the criminal justice system are likely to have experienced extreme deprivation, social exclusion, and current and historical/intergenerational discrimination. This article draws on evidence from published literature and a qualitative study undertaken by the authors to examine the vulnerabilities of Traveller women in prison in Ireland and the multiple and complex reasons for their over-representation in prison. To improve the situation of Traveller women in prison, the UN Bangkok Rules can be used to guide the development of relevant legislation, procedures, policy, and action plans. Traveller women in prison must not be overlooked in the implementation of the Public Sector Equality and Human Rights Duty, which places a legal obligation in Ireland on prison authorities to promote equality, prevent discrimination, and protect the human rights of all affected by their policies and plans.

Keywords

prisoner’s rights race and corrections indigenous people race/ethnicity women vulnerabilities

Introduction

In 2016 there were 30,987 Travellers in Ireland, making up 0.9% of the population (CSO, 2017). Irish Travellers are legally recognized as a distinct ethnic group in Ireland. They are one of the most marginalized groups in Irish society and experience extreme disadvantage in terms of education, employment, health, and housing (Watson et al., 2017). There is evidence of systemic discrimination against Travellers (EU Agency for Fundamental Rights, 2020). Anti-Gypsyism, a specific form of racism and intolerance, leading to hostile acts ranging from exclusion to violence against Roma and/or Traveller communities, has been recognized by the Council of Europe (COE, 2013). Traveller women are impacted in particular ways. Together, extreme disadvantage and severe discrimination have contributed to the over-representation of both Traveller men and women in the criminal justice system. Women's experiences of the criminal justice system are fundamentally different to those of men and warrant different treatment (Cormack, 2021; Corston, 2007; Criminal Justice Joint Inspection, 2011; Van Wormer & Bartollas, 2022). As a minority within the criminal justice system, women's experiences and needs are often overlooked.

This article focuses on Traveller women within the criminal justice system. Drawing on published literature, it outlines the socio-economic position of Traveller women in Ireland revealing how the lives of Traveller women and mothers differ from those of non-Traveller women and mothers. Data showing the over-representation of Traveller women in prison in Ireland and of indigenous minority ethnic women in other countries is presented and the position of Traveller women in prison is highlighted. Drawing on a qualitative study on Traveller women in the criminal justice system in Ireland undertaken by the authors (2019), the article identifies the vulnerabilities of Traveller women in the criminal justice system. The study was commissioned by the Traveller Prison Initiative (TPI) and funded by the St Stephen's Green Trust (SSGT).¹ The article highlights the obligation of the criminal justice system to respond appropriately to the needs of Traveller women in prison under international and Irish law.

The Socio-Economic Position of Traveller Women in Irish Society

Travellers have household, marriage, and fertility patterns that are different from the general population. A greater proportion of Travellers live in family households than the general population, 85.2% and 70.2%, respectively, and in multiple family households, 4.2% and 1.3%, respectively. More than 25% of Irish Traveller households had six or more persons compared with less than 5% in the general population. Travellers tend to have a high marriage rate, marry at a younger age and have higher fertility rates (Watson et al., 2017). A much greater proportion of 15- years-olds to 29-year-olds in the Irish Traveller population were married (31.9%: 5.8%). A smaller proportion of Traveller women aged 40 to 49 had not given birth to a child (13.3%) compared with women in the general population (18.3%) and nearly half had given birth to five or more children, compared to 4.2% of women overall in this age group. A greater proportion of Traveller households comprise lone parents with children (17.9%: 11.7%). Arising from these patterns, Traveller women tend to live in larger households (CSO, 2017; Watson et al., 2017).

Traveller culture centers around a close family structure, which includes an extended family where women have a particular role as mother and is a vital link with the wider Traveller community and health, education and other services. Traveller women play a distinctive role in Traveller society assuming responsibility for childrearing, care of the home and welfare of both immediate and extended families (NTWF, undated). Almost one-third of Traveller women over 15 years are looking after the home (CSO, 2017) and doing so in challenging circumstances.

Education and Employment

An estimated 92% of Travellers leave school without having completed second level education and while Traveller women are progressing in adult and third-level education, only 13.3% of Traveller women are educated to upper secondary or above compared with 69.1% of the general population. Literacy is a common problem among Traveller women (AITHS, 2010).

The employment situation is severe for Travellers. In 2016, the unemployment rate for Travellers, at 80%, was six times that of the general population. A further 11.3% of Travellers were unable to work due to a disability; nearly three times the rate for the general population (at 4.3%) (CSO, 2017). A 2010 study showed 41% of people were unwilling to employ a Traveller. Irish Travellers are 10 times more likely than White Irish to experience discrimination when seeking work (McGinnity et al., 2017).

Accommodation

Overcrowding was experienced by 39% of Travellers compared with 6% of the non-Traveller population in 2016 (CSO, 2017). According to 2010 data, only 45% of Travellers had access to drinking water, 33% reported rats in their immediate environment, and more than one-third reported living in “very unhealthy” and “very unsafe” housing (Watson et al., 2017). Travellers are almost 10 times as likely as the White Irish population to report discrimination in access to housing (Grotti et al., 2017). They are most at risk of becoming homeless, making up 9% of the homeless population (Grotti et al., 2017). There is a well-established link between poverty, social exclusion and health (WHO, 2010). Poor accommodation and living conditions is unequivocally linked with disadvantage (The Women's Health Council, 2002).

Health

Travellers more often than non-Travellers report each of a range of chronic illnesses and are more likely to experience disability or difficulty with everyday activities (Watson et al., 2017). Traveller women have 3.1 times the mortality of women in the general population (AITHS, 2010). Life expectancy for Traveller women is lower than life expectancy for women in the general population by 11.5 years (AITHS, 2010).

The AITHS (2010) found that 62.7% of Traveller women said their mental health was not good enough for 1 or more days in the past 30 days compared to 19.9% of female medical card holders and that the suicide rate for Traveller women was six times higher than settled women. Unemployment, poor accommodation and living conditions, and homelessness have a negative impact on the mental health of Traveller women. Other difficulties impacting on their mental health include changing family structures and declining religious certainty, and pressure to engage in damaging group activities such as heavy drinking (AITHS, 2010; NTWF, undated). While substance abuse is an issue that has tended to be hidden or not spoken about in the Traveller community (AITHS, 2010), it is reported to be on the increase, including among Traveller women (Doyle, 2017).

Domestic Violence

There is no evidence to indicate that domestic violence is any more or less prevalent in Traveller communities than in the wider community (Watson & Parsons, 2005). However, as domestic violence is often compounded by social disadvantage, social exclusion, poverty, and poor living conditions, the effects can be especially traumatic for Traveller women (Task Force on Violence against Women, 1997), all of which make it more difficult for Traveller women to move out of violent relationships and seek help from mainstream services (NTWF, undated; Pavee Point, 2011). Structural and cultural factors, including family networks, negative experiences with Gardaí and literacy problems may prevent Traveller women from accessing services.

Traveller Women in Prison—An Overlooked Minority Within a Minority

Women comprise a minority of the prison population. Of the 5,263 people committed to prison in Ireland in 2020, 556 (10.6%) were women.² Of these, 388 were sentenced committals, and the most frequent offense group for these women's committals was Theft and Related Offences.³ Women from minority ethnic communities are over-represented in prisons. The European Roma Rights Centre (2021) highlights the over-representation of Roma in prisons in the Czech Republic, Slovakia, Serbia, and North Macedonia, echoing findings from research by Fair Trials (2020) covering the plight of Roma in the justice systems of Romania, Bulgaria, Hungary, and Spain. In New Zealand, Mäori make up 16.5% of the population⁴ but 60% of the prison population and 66% of the female prison population.⁵ In Canada, while Indigenous women make up less than 5% of the population, the proportion of incarcerated Indigenous women is almost 50% of all federally sentenced women.⁶ Indigenous women make up 2% of Australia's population yet 37% of the women in prisons (Human Rights Law Centre, 2017).

For fear of discrimination or insecurities around how data will be used, Travellers in Ireland may chose not to declare their ethnicity, and therefore figures on the number of Traveller women in prison are likely to be an undercount. The Irish Prison Service, in its first report since an ethnic identifier was introduced, shows that at the end of 2018 there were 20 Traveller women in prison. Despite the undercount, there is a disproportionate number of Traveller women in prison in Ireland (Doyle, 2017; Kennedy et al., 2005), akin to the disproportionate numbers of indigenous minority ethnic women in other countries. While Traveller women make up less than 1% of the population of Ireland, they represent approximately 12.9% of the population of women in prison.⁷ Traveller women are up to 22 times more likely to be imprisoned than non-Traveller women, which is greater than the risk for Traveller men estimated to be up to 11 times more likely than non-Traveller men to be imprisoned (AITHS, 2010). Irish Travellers are also over-represented in prisons in England and Wales (Lammy, 2017).

Despite their over-representation, Bartels (2010) has noted that “a silence often pervades the consideration of indigenous women in the criminal justice system,” a view echoed by Stubbs (2011). In Ireland, for example, the Irish Prison Service's 2014-015 strategy, An Effective Response to Women who Offend, makes no mention of Traveller women or women from other minority ethnic groups (Irish Probation Service and Irish Prisons Service, 2014). The Prison Rules 2007–2014, the main source of prisoners’ rights in Ireland, pays scant attention to women, and makes no reference to prisoners, male or female, from minority ethnic communities. The Rules are not supplemented by specific rules on the treatment of women prisoners and offenders.⁸

Methodology

The study on Traveller women in the criminal justice system undertaken by the authors used a qualitative research design. Research methods included focus groups with Traveller women in prison, interviews with Traveller women with experience of the criminal justice system and interviews with service providers from both statutory and civil society organizations. The focus groups with Traveller women were conducted in the Dóchas Centre.⁹ The original plan was to interview Traveller women in the Dóchas Centre and Limerick Prison, but the women instead decided to discuss topics in the group setting, which in effect served as focus groups. The women were very participative and open about their experiences and needs. The discussions focused on supports required by Traveller women and issues that arose in accessing supports. The authors met with Traveller women during other visits to the Dóchas Centre including attendance at meetings of the Traveller Women in Prison Support Group (TWIP),¹⁰ a Christmas prayer service for Traveller Women, an Easter Healing ceremony and a Traveller Pride event in the prison. They were given a tour of the Dóchas Centre by two prisoners. One-to-one interviews were conducted with a sample of Traveller women living in a rural area in the West of Ireland, who were previously on probation or in prison, recruited using a purposive sampling strategy, in collaboration with the Traveller Peer Researcher.¹¹

Interviews were conducted with stakeholders from civic society organisations and public sector agencies. These included the Irish Prison Service (IPS), The Probation Service, Pavee Point Traveller and Roma Centre,¹² An Garda Siochána,¹³ the Irish Association for Social Inclusion Opportunities (IASIO),¹⁴ the Education Training Board (ETB), the Parish for the Travelling People,¹⁵ Exchange House,¹⁶ The Traveller Mediation Service (TMS),¹⁷ the Health Service Executive (HSE) Social Inclusion Unit, Traveller Money Advice and Budgeting Service (MABS),¹⁸ and Care after Prison.

The “insider's view” was intrinsic to the research and there was a visible link with the Traveller community and Traveller organizations. Each time the researchers visited the Dóchas Centre, they were accompanied by the Traveller Peer Support Worker who had an established relationship with the women in the prison and is a Traveller woman. The National Strategy for Women and Girls 2017–2020: Creating A Better Society for All acknowledges the importance of Traveller women participating in key decisions concerning their lives (DJE, 2017a). The National Traveller and Roma Inclusion Strategy (NTRIS) advocates for the necessity of adopting a partnership approach to ensure that the concerns of Travellers are considered when national policy is being developed so that Travellers are valued and empowered in society and so that they will have ownership over, or input into, the decisions which affect their lives (Department of Justice and Equality, 2017b). Ethical approval for the study was granted by both the IPS and the Irish Probation Service.

The Vulnerabilities of Traveller Women in the Criminal Justice System

Traveller women come into contact with the criminal justice system as people who have lived/are living with the effects of current and historical/intergenerational discrimination (The Traveller Movement, 2021). Women from minority ethnic communities face the same vulnerabilities as other women (Corston, 2007; The Traveller Movement, 2021). However, they are further disadvantaged by discrimination, stigma, and social isolation.

Separation from Family

Separation from family is a particularly difficult aspect of imprisonment for all women. As reported to us on more than one occasion, a woman “does her sentence on the outside,” meaning that her focus remains on the interests of her family, even when she is not physically present (O'Malley, 2013). Traveller women participating in the study reported that for a person used to living in a larger household with the inevitable busyness and activity, becoming a prisoner is associated with a specific type of loss. Service providers stressed that Traveller women in prison experienced family separation to be traumatic. The distinctive and primary cultural role of caring for families inevitably causes extra strain for a Traveller woman when imprisoned (Cemlyn et al., 2009). Traveller women express concern about the welfare of their family while in prison and continue to occupy important roles as daughter, wife, sister, niece, etc. With no certainty that her role will be filled by others, this can be a serious cause of emotional stress for a woman. This however does not prevent the woman from worrying, trying to negotiate and advocate for her family.

Family is a particularly important source of emotional support for Traveller women offenders and prisoners. The situation is exacerbated by the existence of only two women's prisons in Ireland, one in Dublin and one in Limerick, meaning that many Traveller women in prison will be at a distance from their families. While Travellers tend to have strong family networks, there are Traveller women in prison who are no longer in contact with family for a variety of reasons including drug and alcohol abuse and domestic violence. Some of the Traveller women in the current study, although still in contact with family, suggested that not all support from families was good support, particularly where there was a history of criminality in the family or domestic violence. The particular difficulties facing those who have been brought up in care was highlighted, many of whom had lost contact with family and the Traveller community.

Distinct Issues for Traveller Mothers in Prison

The majority of women in prison are mothers. Separation from children and the emotional trauma this brings has been identified as one of the most difficult burdens for mothers during imprisonment (O’Malley, 2015). Parental imprisonment also has serious consequences for children (Scharff Smith, 2014). The UN Bangkok Rules note that “the disruption of family links has extremely harmful emotional consequences for women prisoners, especially if they are mothers, with a detrimental impact on their resettlement prospects” (UNODC, 2011). The European Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment (COE, 2018) has argued that more could be done to facilitate women prisoners maintaining contact with their dependent children. There is a clear need to support mothers throughout their sentence in their mothering role (Baldwin, 2015).

While motherhood is significant for all women in prison, there are distinct issues for Traveller women. Traveller women in prison are more likely to be mothers and have more children. They face the cultural expectation to fulfill their roles as mothers. In interviews for this study, service providers repeatedly stressed that from the moment they arrived in the prison the sole focus of Traveller mothers was on their children on the outside. The welfare of their children was a major concern for Traveller mothers participating in a study by Doyle (2017). Having a family member within the Traveller community caring for their child(ren) brings some comfort to Traveller women in prison but is tinged with feelings of guilt and concern for family members who had little direct support to carry out this role (Doyle, 2017). In contrast, when their children are fostered outside the Traveller community, it can be particularly stressful for Traveller mothers (Cemlyn et al., 2009) who express concern about the personal and cultural implications of their children being fostered in non-Traveller families (Doyle, 2017).

Some Traveller women in prison may be pregnant or have babies residing alongside them in the prison until they reach their first birthday. While it is not known how many, it is important, as Kennedy (2002, p. 183) has highlighted, to focus on the maternity needs of Traveller women “in the context of their wider cultural and biographical experiences in Ireland as part of a marginalized community.” Traveller women tend to hold very traditional beliefs regarding certain rituals and religious practices during pregnancy such as visiting “prayer gardens” and wearing maternity belts which may not be possible when in prison.

The Irish Penal Reform Trust (IPRT, 2012) has pointed to children and families as the hidden victims of the criminal justice system. Ireland has ratified the UN Convention on the Rights of the Child (UN CRC) and there are several principles which Ireland has pledged to safeguard which are particularly relevant to children affected by imprisonment including right to regular contact. A set of Principles of Action for children with a parent in prison have been drawn up as a result of this report. While O’Malley (2015) agrees that the welfare of children is a primary concern, she also calls attention to the rights that parents in prison have under the law including the right to reasonable access to their children. Maintaining relationships between mothers and their children is a stated objective of Irish criminal justice policy (see O’Malley Strategic review).

Other areas of difficulty for mothers in prison in Ireland include making contact with and engagement with child protection social workers, not being consulted about decisions relating to their children, and lack of support and being “rendered voiceless” during family law court attendances (O’Malley, 2015). O’Malley makes a case for reviving the social work role to advocate for and promote the rights and needs of mothers in prison (O’Malley, 2015: O’Malley & Devaney, 2016b). The necessity of the social work role for mothers in prison (O’Malley & Devaney, 2016b) has been reiterated in an eight-point urgent reform plan to support incarcerated mothers developed by an Irish female prisoner (‘Gaby’, 2015). A significant issue highlighted in this study is the mistrust and suspicion that Traveller women may have of social workers, based on past discriminatory dealings with social workers and others in position of authority, and fears of children being taken into care (Allen & Forster, 2010). While evidence from England suggests such fear is unfounded (The Traveller Movement, 2017), it nevertheless highlights the importance of social workers spending time to build up trust with Traveller women. There is also a need for increased cultural competency training for social workers and other relevant professionals and capacity building and advocacy support for Traveller communities about understanding and engaging with family and child services, as highlighted by The Traveller Movement (2017).

Maintaining Contact With Family

A recurring theme identified in this study was the inadequate focus placed in women's prisons on family supports and maintaining contact. Traveller women and stakeholders identified a range of ways of maintaining contact including telephone and Skype calls and family visits but stressed that these were very difficult and complex to arrange.

While each sentenced prisoner has a right to make at least one monitored phone call a week to a family member or friend, both Traveller women and prison staff described the process of requesting phone calls to family and call lengths, which are limited to 6 min, as less than satisfactory. Skype calls to family members are sometimes possible, but there is a lack of clarity surrounding this.

Prisoners have a right to a minimum of one-half hour visit from family and friends per week. The maximum number is at the discretion of the Governor. In the Dóchas Centre, the “family room” can be booked by prisoners in advance through the Chaplain or prison officers, but lack of space within the prison appears to be a problem. Family visits appear to be characterized by inconsistency. The women spoke about how intimidating and unwelcoming it can be for children visiting the prison, especially with prison officers and dogs present. Interviews with stakeholders, on the other hand, suggested that the presence of a detection dog has brought a certain level of protection to visitors who may previously have felt under pressure to bring prohibited items into the prison. Furthermore, the Irish Prison Service links family visits to the incentivized reward system within the prison, but its emphasis on adherence to rules and good behavior can be challenging for those experiencing stress and complex trauma in their lives. Moreover, research on incentivized regimes in other countries shows that black and minority ethnic prisoners and women prisoners are consistently more likely to be on the basic regime (Liebling, 2008).

O’Malley and Devaney (2016b) have reported that the Dóchas Centre is more progressive than the Limerick women's prison with regard to supporting and maintaining family contact. However, we would question this. Based on our interviews with service providers, strenuous efforts are being made around building and maintaining relationships between mothers and their children in Limerick Women's Prison, where some progress has been made to make visiting more child-friendly, renaming the Visitor Room as a Sitting Room, and the decoration of the room in a child-friendly way. This has not happened in the Dóchas Centre, where the need to have a dedicated family-friendly space for family visits was identified by service providers. The provision of a dedicated family-friendly space for family visits is a requirement of the UN Bangkok Rules (Rule 28).

When the possibility of off-site family visits was discussed with stakeholders, several logistical challenges were raised including staff shortages, staff rostering, and staff availability. These challenges are compounded by the predominant focus within the prison on security concerns. Stakeholders pointed out that there is “no one person” within the prison that oversees or promotes family liaison, and that there was a clear need for someone to take on this responsibility on a permanent basis. There has been a significant improvement in this area in Limerick Prison where the IPS is working with a range of agencies to improve the situation. Prison authorities must find ways to encourage and facilitate visits to women's prisons, as required under Rule 43 of the Bangkok Rules which have outlined a range of measures for consideration by prison authorities. Maintaining family ties during incarceration, primarily through family visits is associated with better postrelease outcomes, including better relationships between mothers and their children (O'Malley & Devaney, 2016a), lower recidivism (Bales & Mears, 2008; Duwe & Clark, 2013; Hairston, 1988) and parole success (Holt & Miller, 1972).

Temporary Release for Cultural/Religious Occasions

Religious events such as baptisms, communion, confirmation, and weddings hold great cultural importance for Traveller families, and funerals have a particular significance. Missing such events was reported by stakeholders to have a huge psychological impact on the Traveller women in prison, as has been reported by Cemlyn et al. (2009). In addition to missing the opportunity to pay their respects, they are separated from family members who may be able to support them through grief. In addition, Traveller women in prison may be blamed and rejected for missing a funeral and may have a negative impact on their future relationships with family.

Temporary release to attend such important family occasions was repeatedly raised by Traveller women, some of whom had applied for temporary release for compassionate reasons, permitted under Section 39 of the Prisons Act 2007. Temporary release in Irish prisons is a highly discretionary system, with prisoners often left waiting for a decision and is given little information as to why a particular decision has been arrived at. Traveller women found this to be distressing. In the absence of reasons for decisions and statistical evidence, a view expressed by study participants was that Traveller women are being discriminated against with respect to temporary release for family occasions and that prison authorities “lumped all Travellers together.”

Describing the decision-making process as “opaque,” Rogan (2014) has pointed out that the extent to which family rights of prisoners are considered in decisions to grant temporary release is unclear and has raised the concern that “decisions on temporary release can impinge upon fundamental matters such as the rights of children, and indeed rehabilitation.”

Temporary release from prison in Ireland is a privilege and not a right. Recommendation for temporary release, including for compassionate reasons, is at the discretion of the Minister for Justice, and since 2003, various factors must be taken into account when making a decision whether or not to grant a prisoner temporary release including the nature and gravity of the offense, the period of sentence, the potential threat to safety and security of the public, and the risk of failing to return. Study participants, both Traveller women and service providers, suggested that perceptions of Traveller culture influenced this. Stakeholders explained that such decisions were made based on consultation with Gardaí local to where the women lived, and their interpretation was important. This is a significant issue as it has long been argued that the Gardaí have a particular attitude to Travellers and that a name alone can evoke a response which may not be relevant to the woman in question (McInerney, 2020).

Another issue raised in this study was the idea that Travellers are nomadic. While Travellers were traditionally nomadic, they now seldom travel as policy has prevented such opportunities. What is more prevalent is a “nomadic” mindset. Traveller women may move addresses because of homelessness and may not be linked to employment opportunities for other reasons. Thus, there is a role for stakeholders to help find secure accommodation/training/employment which would improve their likelihood to avail of temporary release.

Domestic Violence

It became apparent in focus groups with Traveller women that some of the women imprisoned had experienced domestic abuse. It also became apparent that some women had not been linked in with appropriate services, despite in-reach services into the Dóchas Centre, for example, the Rape Crisis Centre (RCC) providing a service 1 day per week.

Women offenders experience domestic abuse at a higher level than women generally (IPRT, 2013; IPS and IPS, 2014). Estimates from the United Kingdom indicate that up to half of women in prison experience domestic violence and one-third sexual violence (Corston, 2007). Most of the Traveller women in prison participating in Doyle's (2017) study had experience of domestic violence and stressed the importance of access to culturally appropriate domestic violence services.

The lack of access to appropriate services raises questions about the assessment of women's needs and circumstances following admission to prison, the development of support plans tailored to the women's needs and procedures for referral to appropriate supports. In the United Kingdom, organizations such as Women's Aid have worked with the National Offenders Management Service (NOMS, 2015) to produce a framework Supporting Women Offenders Who Have Experienced Domestic or Sexual Violence (Norman and Barron, 2011). Its aim is to provide guidance and resources to all those working with women offenders, in order to enable them to respond more effectively and consistently.

Personal Circumstances

In focus groups with Traveller women and interviews with service provides, healthcare, mental health, and substance abuse, referred to by Corston (2007) as personal circumstances, were identified as significant issues. Traveller women in prison are likely to experience great healthcare needs, given the high rates of health problems identified among a small sample of Travellers in prison (AITHS, 2010). For example, 27% had been treated for chronic disease in the past 12 months. Traveller women have more healthcare needs, which are not only different to Traveller men, but often more complex. Health providers interviewed for the current study indicate that for some Traveller women their access to health services improved when in prison, perhaps because they were living less chaotic lives than on the outside and pregnant women could avail of regular and consistent ante natal care.

Mental Health Concerns

Prisoners generally have a very high prevalence of mental health problems (Kennedy et al., 2005) and women prisoners tend to report poorer mental health than men (Corston, 2007; Kennedy et al., 2005). While not disaggregated by gender, the AITHS found that 39% of Travellers in prison were being treated for mental health problems at the time of interview, 62% had interacted with psychiatric services over the previous 12 months, and 81% were taking prescription medication (AITHS, 2010). These findings are mirrored by data on the health of Irish Travellers in the United Kingdom (HM Inspectorate of Prison, 2014). Traveller women in prison are doubly disadvantaged and are likely to frequently experience low self-esteem and a high level of mental healthcare needs. MacGabhann (2011) found that 64% of Irish Traveller women in prison in the United Kingdom were identified as having one or more mental health difficulties (rate of 26.1% for male Traveller prisoners). Traveller women in prison have signaled that poor mental health is a significant issue for them, which Doyle (2017) has linked to domestic violence, drug use, the availability of drugs in the prison, separation from family, discrimination, and verbal abuse.

Alcohol and Drug Addiction

Alcohol and drug addiction are factors associated with imprisonment (NIDAC, 2009). Several of the Traveller women prisoners participating in Doyle's (2017) study had experience of drug use. Drug use has not traditionally been typical of Traveller culture (IPRT, 2014), and the women highlighted the stigma associated with being a drug user and also the extent of the problem among Traveller women. Peer pressure, partner drug use, domestic violence and bereavement, trauma and the stresses associated with poor health and early deaths in the family were significant factors leading to the women's engagement with drug abuse before imprisonment (Doyle, 2017). Alcohol and drug abuse, while contributing to the over-representation of minority ethnic groups in prison, are also associated with socio-economic disadvantage (IPRT, 2014). A high level of drug or alcohol dependency highlights the specific and culturally appropriate healthcare needs of Traveller women in prison.

Structural Factors

Poor literacy and its implications were discussed by Traveller women in this study. They talked about their difficulties understanding and responding to written information, for example the paper-based complaints process in the prison. They explained how they often left prison with a letter addressed to external support services which they could not read. Prison life has been described as “a series of paper-based processes” (NACRO, 2009, p. 16). Prisoners with low literacy generally face difficulties in adapting to prison life; literacy can affect self-esteem and confidence among Traveller women, impacting on their capacity and willingness to request help and ability to access entitlements (IPRT, 2014; McGahann, 2011). It can affect their mental health (Watson et al., 2017). Poor understanding of prison rules and regulations can be exacerbated by literacy problems (Cemlyn et al., 2009). O’Malley (2015) illustrates the impact of low literacy on mothers in prison, referencing correspondence concerning activities and decisions already taken about their children without consultation. Poor literacy means letter writing cannot be used as a way of maintaining family ties.

Traveller women participating in the study spoke positively about the education center within the Dóchas Centre and there seemed to be high take-up of education classes by Traveller women. Prison education staff seem to speak regularly with the women about engaging with education and training. Some of the women explained that it was the first time they felt they could access education. The findings are consistent with Doyle (2017) who reported that engaging in prison educational activities was vital for keeping Traveller women occupied and protecting their mental health.

However, basic-level literacy courses are lacking in the education center in the Dóchas Centre, despite it being recommended as a top priority (Morgan & Kett, 2003), high literacy needs among Traveller women and indications that Traveller prisoners benefit from literacy education in prison (IPRT, 2014). There is a cultural context to poor levels of literacy and education, which may be a barrier to participation of Traveller women in prison education. Moreover, prison officers may perceive Travellers to be disinterested in education or even uncooperative, which can lead to a breakdown in communication between staff and the prisoner (McGahann, 2011). McGahann (2011) argues for an alternative approach for engaging Travellers in education and literacy programs in prisons.

Obligations Under International and National Law

The UN Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders, known as the Bangkok Rules (UNODC, 2011), are crucial for protecting the rights of women offenders and prisoners. They were adopted by the UN General Assembly in 2011 (Resolution A/RES/65/229) in an attempt to address the gap that exists internationally in meeting the needs of women in a criminal justice system designed for men. The 70 Rules provide guidance to policymakers, legislators, sentencing authorities, and prison staff to reduce unnecessary imprisonment of women; to meet their specific needs, including culturally relevant needs; and to provide gender and culturally sensitive assistance to women on their release from prison. Rule 54 explicitly acknowledges the importance of addressing the gender-specific needs of women who are members of minority ethnic or indigenous groups, and the role of prison authorities to develop culturally relevant programs for women offenders from minority ethnic groups. There is a need for the Bangkok Rules to be fully implemented in Ireland.

While the Bangkok Rules can be used in developing appropriate policies and training criminal justice actors, in Ireland, the Public Sector Equality and Human Rights Duty places a legal obligation on all public bodies to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users and everyone affected by their policies and plans.¹⁹ It applies to the criminal justice system. Action 144 of the NTRIS indicates that the Irish Human Rights and Equality Commission, in consultation with Traveller and Roma representative organizations, will develop training for government departments, statutory agencies, and local authorities on implementing the Public Sector Duty as a means of systematically pre-empting and addressing equality and human rights issues in their daily work in relation to Travellers and Roma communities. Public services should be provided in a way that is nondiscriminatory and respectful of Traveller and Roma culture and identity. Furthermore, Action 125 indicates that Ireland (via the Department of Justice and Equality) will implement general recommendation XXXI of the Committee on the Elimination of Racial Discrimination (CERD) on the prevention of racial discrimination in the criminal justice system with a focus on data collection by an independent body for the purposes of identifying trends in racial discrimination (Department of Justice and Equality, 2017b).

In 2022, the UN Human Rights Committee in its Concluding Observations of Ireland under the International Covenant on Civil and Political Rights welcomed the formal recognition of Travellers as a distinct ethnic group in Irish society and the State's acknowledgement of the systemic racism affecting this community throughout decades. However, the Committee expressed concern that the formal recognition has not yet been backed up by legislation and expressed concern regarding the multiple forms of discrimination experienced by the Traveller and Roma communities: in education, housing, and employment, in interactions with law enforcement including through racial profiling and unwarranted home searches, as well as the over-representation of Travellers in all parts of the penal system; and called on the Irish Government to “ensure prompt and full implementation” of a new NTRIS “containing clear deliverables.”²⁰

The Committee indicate that the Irish Government should: (a) thoroughly and effectively assess the impact of the formal recognition of Travellers with the aim of identifying the necessary legal measures to prevent them from being subjected to multiple forms of discrimination; (b) ensure the adequate review of the National Traveller and Roma Inclusion Strategy 2017–2021, guaranteeing the active participation of the Traveller and Roma communities in the consultation process, and ensure prompt and full implementation of a successor strategy containing clear deliverables founded on human rights and guaranteeing the protection of all rights in line with international standards; (c) promptly follow through on its Programme for Government and develop adequate and specific measures to address the issues faced by Traveller and Roma communities, such as, inter alia, the “National Traveller Education Strategy,” the “National Traveller Mental Health Action Plan,” and the “Traveller and Roma Training, Employment and Enterprise Strategy”; and (d) double its efforts on preventative measures, inter alia, adequate human rights-based training of all public officials, including judicial officers.

Conclusion

This article has shown that Traveller women come from disadvantaged backgrounds and face discrimination in society, giving rise to particular needs. Extreme disadvantage and discrimination has led to over-representation of Traveller women in prisons in Ireland, but as a minority within a minority they are often overlooked. Drawing on the key issues identified through qualitative research, this article has shown that because of their domestic circumstances and their cultural caring role within the family, separation from family is particularly difficult for Traveller women in prison and Traveller mothers in prison have needs that are distinct from other mothers in prison. This is aggravated by the difficulties Traveller women have in maintaining contact with their families, barriers obtaining temporary release for cultural or religious reasons, and the centralization of women's prisons. Navigating the support system for those who have experienced domestic abuse is not easy for Traveller women in prison and their physical and mental health is a concern. Culturally appropriate responses to alcohol and drug use among Traveller women in prison is needed. The situation of Traveller women in prison is exacerbated by poor literacy issues. Education services play an important role in Traveller women's lives in prison, but basic literacy courses are lacking. Prison authorities must do more to adequately respond to the needs of Traveller women in prison. To do this, Ireland can draw on the Bangkok Rules, which invites Members States to take into consideration the specific needs and realities of women as prisoners when developing relevant legislation, procedures, policy, and action plans. In Ireland the Public Sector Equality and Human Rights Duty places a legal obligation on prison authorities to promote equality, prevent discrimination, and protect the human rights of all affected by their policies and plans. Traveller women in prison must not be overlooked in the implementation of the Public Sector Duty.

Footnotes

Declaration of Conflicting Interests

The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding

The authors disclosed receipt of the following financial support for the research, authorship, and/or publication of this article: This work was supported by the St Stephen’s Green Trust (grant number Not applicable ).

ORCID iD

Maria Pierce

Notes

Author Biographies

Patricia Kennedy is a lecturer in Social Policy and Health Economics at St Angela's College, Sligo, Ireland. She has researched and written extensively on social policy issues including: sexual and reproductive health, gender-based violence, refugee and asylum seekers, Traveller and Roma issues, migration, familicide and domestic homicide.

Maria Pierce is Assistant Professor in Social Policy at the School of Social Policy, Social Work and Social Justice, University College Dublin, Ireland. She graduated with a B.Soc.Sc degree from University College Dublin in 1997 and a PhD in Social Policy from Trinity College Dublin in 2010. Maria has 25 years of experience of conducting policy-relevant research and has a particular interest in people from marginalized groups.

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Minority Women Incarcerated: The Vulnerabilities of Traveller Women in the Irish Criminal Justice System

Abstract

Keywords

Introduction

The Socio-Economic Position of Traveller Women in Irish Society

Education and Employment

Accommodation

Health

Domestic Violence

Traveller Women in Prison—An Overlooked Minority Within a Minority

Methodology

The Vulnerabilities of Traveller Women in the Criminal Justice System

Separation from Family

Distinct Issues for Traveller Mothers in Prison

Maintaining Contact With Family

Temporary Release for Cultural/Religious Occasions

Domestic Violence

Personal Circumstances

Mental Health Concerns

Alcohol and Drug Addiction

Structural Factors

Obligations Under International and National Law

Conclusion

Footnotes

Declaration of Conflicting Interests

Funding

ORCID iD

Notes

Author Biographies

References