ABSTRACT
This chapter examines the situation of foreign national prisoners and their interaction with immigration control system from a gender perspective. It moves on to offer a gender perspective on criminal justice and female prisoners generally, and on issue of female foreign national prisoners in particular, contrasting their profile and needs with the female prison population and the male foreign national prisoner population. The European Convention on Human Rights (ECHR) guarantees respect for individual's family and private life in Article 8, and protection against torture or inhuman and degrading treatment in Article 3. European Community law has always granted nationals of Member States and their family members superior protection against deportation compared to other non-nationals who have traditionally been able to rely only upon national law and the human rights standards in the ECHR. London suggests another interesting argument of discriminatory impact on basis of gender concerning sentencing of female prisoners generally and impact of imprisoning mothers with primary childcare responsibilities.
