Legis

United Nations A/C.3/65/L.5
General Assembly Distr.: Limited
6 October 2010
Original: English
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*1056194*
Sixty-fifth session
Third Committee
Agenda item 105
Crime prevention and criminal justice
United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the
Bangkok Rules)
Note by the Secretariat
By its resolution 2010/16 of 22 July 2010, the Economic and Social Council
recommended to the General Assembly the adoption of the following draft resolution:
United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules)
The General Assembly,
Recalling the United Nations standards and norms in crime prevention
and criminal justice primarily related to the treatment of prisoners, in
particular the Standard Minimum Rules for the Treatment of Prisoners,1 the
procedures for the effective implementation of the Standard Minimum Rules
for the Treatment of Prisoners,2 the Body of Principles for the Protection of
All Persons under Any Form of Detention or Imprisonment3 and the Basic
Principles for the Treatment of Prisoners,4
Recalling also the United Nations standards and norms in crime prevention
and criminal justice primarily related to alternatives to imprisonment, in
particular the United Nations Standard Minimum Rules for Non-custodial
Measures (the Tokyo Rules)5 and the basic principles on the use of restorative
justice programmes in criminal matters,6
__________________
1 Human Rights: A Compilation of International Instruments, vol. I, Part I: Universal Instruments
(United Nations publication, Sales No. E.02.XIV.4 (vol. I, Part I)), sect. J, No. 34.
2 Economic and Social Council resolution 1984/47, annex.
3 Resolution 43/173, annex.
4 Resolution 45/111, annex.
5 Resolution 45/110, annex.
6 Economic and Social Council resolution 2002/12, annex.
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Recalling further its resolution 58/183 of 22 December 2003, in which it
invited Governments, relevant international and regional bodies, national
human rights institutions and non-governmental organizations to devote
increased attention to the issue of women in prison, including the children of
women in prison, with a view to identifying the key problems and the ways in
which they can be addressed,
Considering the alternatives to imprisonment as provided for in the
Tokyo Rules and taking into consideration the gender specificities of, and the
consequent need to give priority to applying non-custodial measures to,
women who have come into contact with the criminal justice system,
Mindful of its resolution 61/143 of 19 December 2006, in which it urged
States to, inter alia, take positive measures to address structural causes of
violence against women and to strengthen prevention efforts that addressed
discriminatory practices and social norms, including with regard to women
who need special attention in the development of policies to address violence,
such as women in institutions or in detention,
Mindful also of its resolution 63/241 of 24 December 2008, in which it
called upon all States to give attention to the impact of parental detention and
imprisonment on children and, in particular, to identify and promote good
practices in relation to the needs and physical, emotional, social and
psychological development of babies and children affected by parental detention
and imprisonment,
Taking into consideration the Vienna Declaration on Crime and Justice:
Meeting the Challenges of the Twenty-first Century,7 in which Member States
committed themselves, inter alia, to the development of action-oriented policy
recommendations based on the special needs of women as prisoners and
offenders, and the plans of action for the implementation of the Declaration,8
Calling attention to the Bangkok Declaration on Synergies and Responses:
Strategic Alliances in Crime Prevention and Criminal Justice,9 as it relates
specifically to women in detention and in custodial and non-custodial settings,
Recalling that, in the Bangkok Declaration, Member States recommended
to the Commission on Crime Prevention and Criminal Justice that it give
consideration to reviewing the adequacy of standards and norms in relation to
prison management and prisoners,
Having taken note of the initiative of the United Nations High
Commissioner for Human Rights to designate the week from 6 to 12 October
2008 as Dignity and Justice for Detainees Week, which placed particular
emphasis on the human rights of women and girls,
Considering that women prisoners are one of the vulnerable groups that
have specific needs and requirements,
__________________
7 Resolution 55/59, annex.
8 Resolution 56/261, annex.
9 Resolution 60/177, annex.
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Aware of the fact that many existing prison facilities worldwide were
designed primarily for male prisoners, whereas the number of female prisoners
has significantly increased over the years,
Recognizing that a number of female offenders do not pose a risk to
society and, as with all offenders, their imprisonment may render their social
reintegration more difficult,
Welcoming the development by the United Nations Office on Drugs and
Crime of the Handbook for Prison Managers and Policymakers on Women and
Imprisonment,10
Welcoming also the invitation contained in Human Rights Council
resolution 10/2 of 25 March 2009 to Governments, relevant international and
regional bodies, national human rights institutions and non-governmental
organizations to devote greater attention to the issue of women and girls in
prison, including issues relating to the children of women in prison, with a
view to identifying and addressing the gender-specific aspects and challenges
related to this problem,
Welcoming further the collaboration between the World Health Organization
Regional Office for Europe and the United Nations Office on Drugs and Crime,
and taking note of the Kyiv Declaration on Women’s Health in Prisons,11
Taking note of the Guidelines for the Alternative Care of Children,12
Recalling Commission on Crime Prevention and Criminal Justice
resolution 18/1 of 24 April 2009, in which the Commission requested the
Executive Director of the United Nations Office on Drugs and Crime to
convene in 2009 an open-ended intergovernmental expert group meeting to
develop, consistent with the Standard Minimum Rules for the Treatment of
Prisoners and the Tokyo Rules, supplementary rules specific to the treatment
of women in detention and in custodial and non-custodial settings; welcomed
the offer by the Government of Thailand to act as host to the expert group
meeting; and requested the expert group meeting to submit the outcome of its
work to the Twelfth United Nations Congress on Crime Prevention and Criminal
Justice, subsequently held in Salvador, Brazil, from 12 to 19 April 2010,
Recalling also that the four regional preparatory meetings for the Twelfth
United Nations Congress on Crime Prevention and Criminal Justice welcomed
the development of a set of supplementary rules specific to the treatment of
women in detention and in custodial and non-custodial settings,13
Recalling further the Salvador Declaration on Comprehensive Strategies
for Global Challenges: Crime Prevention and Criminal Justice Systems and
Their Development in a Changing World,14 in which Member States
recommended that the Commission on Crime Prevention and Criminal Justice
__________________
10 United Nations publication, Sales No. E.08.IV.4.
11 World Health Organization Regional Office for Europe, and United Nations Office on Drugs and
Crime, Women’s Health in Prison: Correcting Gender Inequity in Prison Health (Copenhagen,
2009).
12 Resolution 64/142, annex.
13 A/CONF.213/RPM.1/1, A/CONF.213/RPM.2/1, A/CONF.213/RPM.3/1 and A/CONF.213/RPM.4/1.
14 A/CONF.213/18, chap. I, resolution 1.
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consider the draft United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders as a matter of priority for
appropriate action,
1. Takes note with appreciation of the work of the expert group to
develop supplementary rules specific to the treatment of women in detention
and in custodial and non-custodial settings at its meeting held in Bangkok
from 23 to 26 November 2009 and of the outcome of that meeting;15
2. Expresses its gratitude to the Government of Thailand for having
acted as host to the meeting of the expert group and for the financial support
provided for the organization of the meeting;
3. Adopts the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders, annexed to the
present resolution, and approves the recommendation of the Twelfth United
Nations Congress on Crime Prevention and Criminal Justice that the Rules
should be known as “the Bangkok Rules”;
4. Recognizes that, in view of the great variety of legal, social,
economic and geographical conditions in the world, not all of the rules can be
applied equally in all places and at all times; and that they should, however,
serve to stimulate a constant endeavour to overcome practical difficulties in
their application, in the knowledge that they represent, as a whole, global
aspirations amenable to the common goal of improving outcomes for women
prisoners, their children and their communities;
5. Encourages Member States to adopt legislation to establish
alternatives to imprisonment and to give priority to the financing of such
systems, as well as to the development of the mechanisms needed for their
implementation;
6. Encourages Member States having developed legislation,
procedures, policies or practices for women in prison or on alternatives to
imprisonment for women offenders to make information available to other
States and relevant international, regional and intergovernmental
organizations, as well as non-governmental organizations, and to assist them in
developing and implementing training or other activities in relation to such
legislation, procedures, policies or practices;
7. Invites Member States to take into consideration the specific needs
and realities of women as prisoners when developing relevant legislation,
procedures, policies and action plans and to draw, as appropriate, on the
Bangkok Rules;
8. Also invites Member States to collect, maintain, analyse and publish,
as appropriate, specific data on women in prison and women offenders;
9. Emphasizes that, when sentencing or deciding on pretrial measures
for a pregnant woman or a child’s sole or primary caretaker, non-custodial
measures should be preferred where possible and appropriate, with custodial
sentences being considered when the offence is serious or violent;
__________________
15 A/CONF.213/17.
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10. Requests the United Nations Office on Drugs and Crime to provide
technical assistance and advisory services to Member States, upon request, in
order to develop or strengthen, as appropriate, legislation, procedures, policies
and practices for women in prison and on alternatives to imprisonment for
women offenders;
11. Also requests the United Nations Office on Drugs and Crime to take
steps, as appropriate, to ensure broad dissemination of the Bangkok Rules, as a
supplement to the Standard Minimum Rules for the Treatment of Prisoners1
and the United Nations Standard Minimum Rules for Non-custodial Measures
(the Tokyo Rules),5 and the intensification of information activities in this
area;
12. Further requests the United Nations Office on Drugs and Crime to
increase its cooperation with other relevant United Nations entities,
intergovernmental and regional organizations and non-governmental
organizations in the provision of relevant assistance to countries and to
identify needs and capacities of countries in order to increase country-tocountry
and South-South cooperation;
13. Invites specialized agencies of the United Nations system and
relevant regional and international intergovernmental and non-governmental
organizations to engage in the implementation of the Bangkok Rules;
14. Invites Member States and other donors to provide extrabudgetary
contributions for such purposes, in accordance with the rules and procedures
of the United Nations.
Annex
United Nations Rules for the Treatment of Women Prisoners and
Non-custodial Measures for Women Offenders (the Bangkok Rules)
Preliminary observations
1. The Standard Minimum Rules for the Treatment of Prisonersa apply to all
prisoners without discrimination; therefore, the specific needs and realities of
all prisoners, including of women prisoners, should be taken into account in
their application. The Rules, adopted more than 50 years ago, did not,
however, draw sufficient attention to women’s particular needs. With the
increase in the number of women prisoners worldwide, the need to bring more
clarity to considerations that should apply to the treatment of women prisoners
has acquired importance and urgency.
2. Recognizing the need to provide global standards with regard to the
distinct considerations that should apply to women prisoners and offenders and
taking into account a number of relevant resolutions adopted by different
United Nations bodies, in which Member States were called on to respond
appropriately to the needs of women offenders and prisoners, the present rules
have been developed to complement and supplement, as appropriate, the
Standard Minimum Rules for the Treatment of Prisoners and the United
__________________
a Human Rights: A Compilation of International Instruments, vol. I, Part I: Universal Instruments
(United Nations publication, Sales No. E.02.XIV.4 (vol. I, Part I)), sect. J, No. 34.
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Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo
Rules)b in connection with the treatment of women prisoners and alternatives
to imprisonment for women offenders.
3. The present rules do not in any way replace the Standard Minimum Rules
for the Treatment of Prisoners or the Tokyo Rules and, therefore, all relevant
provisions contained in those two sets of rules continue to apply to all
prisoners and offenders without discrimination. While some of the present
rules bring further clarity to existing provisions in the Standard Minimum
Rules for the Treatment of Prisoners and in the Tokyo Rules in their
application to women prisoners and offenders, others cover new areas.
4. These rules are inspired by principles contained in various United
Nations conventions and declarations and are therefore consistent with the
provisions of existing international law. They are addressed to prison
authorities and criminal justice agencies (including policymakers, legislators,
the prosecution service, the judiciary and the probation service) involved in
the administration of non-custodial sanctions and community-based measures.
5. The specific requirements for addressing the situation of women
offenders have been emphasized at the United Nations in various contexts. For
example, in 1980, the Sixth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders adopted a resolution on the specific
needs of women prisoners, in which it recommended that, in the
implementation of the resolutions adopted by the Sixth Congress directly or
indirectly relevant to the treatment of offenders, recognition should be given to
the specific problems of women prisoners and the need to provide the means
for their solution; that, in countries where it was not yet done, programmes and
services used as alternatives to imprisonment should be made available to
women offenders on an equal basis with male offenders; and that the United
Nations, the governmental and non-governmental organizations in consultative
status with it and all other international organizations should make continuing
efforts to ensure that the woman offender was treated fairly and equally during
arrest, trial, sentence and imprisonment, particular attention being paid to the
special problems which women offenders encounter, such as pregnancy and
child care.c
__________________
b Resolution 45/110, annex.
c Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Caracas, 25 August-5 September 1980: report prepared by the Secretariat (United Nations
publication, Sales No. E.81.IV.4), chap. I, sect. B, resolution 9 (on the fair treatment of women
by the criminal justice system).
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6. The Seventh Congress,d the Eighth Congresse and the Ninth Congressf
also made specific recommendations concerning women prisoners.
7. In the Vienna Declaration on Crime and Justice: Meeting the Challenges
of the Twenty-first Century,g adopted also by the Tenth Congress, Member
States committed themselves to taking into account and addressing, within the
United Nations crime prevention and criminal justice programme, as well as
within national crime prevention and criminal justice strategies, any disparate
impact of programmes and policies on women and men (para. 11); and to the
development of action-oriented policy recommendations based on the special
needs of women as prisoners and offenders (para. 12). The plans of action for
the implementation of the Vienna Declarationh contain a separate section
(sect. XIII) devoted to specific recommended measures to follow up on the
commitments undertaken in paragraphs 11 and 12 of the Declaration, including
that of States reviewing, evaluating and, if necessary, modifying their
legislation, policies, procedures and practices relating to criminal matters, in a
manner consistent with their legal systems, in order to ensure that women are
treated fairly by the criminal justice system.
8. The General Assembly, in its resolution 58/183 of 22 December 2003,
entitled “Human rights in the administration of justice”, called for increased
attention to be devoted to the issue of women in prison, including the children
of women in prison, with a view to identifying the key problems and ways in
which they could be addressed.
9. In its resolution 61/143 of 19 December 2006, entitled “Intensification of
efforts to eliminate all forms of violence against women”, the General
Assembly stressed that “violence against women” meant any act of genderbased
violence resulting in, or likely to result in, physical, sexual or
psychological harm or suffering to women, including arbitrary deprivation of
liberty, whether occurring in public or in private life, and urged States to
review and, where appropriate, revise, amend or abolish all laws, regulations,
policies, practices and customs discriminating against women or having a
discriminatory impact on women, and ensure that provisions of multiple legal
systems, where they existed, complied with international human rights
obligations, commitments and principles, including the principle of
__________________
d Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Milan, 26 August-6 September 1985: report prepared by the Secretariat (United Nations
publication, Sales No. E.86.IV.1), chap. I, sect. E, resolution 6 (on the fair treatment of women
by the criminal justice system).
e Basic Principles for the Treatment of Prisoners (General Assembly resolution 45/111, annex);
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Havana, 27 August-7 September 1990: report prepared by the Secretariat (United Nations
publication, Sales No. E.91.IV.2), chap. I, sect. C, resolutions 17 (on pretrial detention), 19 (on
the management of criminal justice and development of sentencing policies) and 21 (on
international and interregional cooperation in prison management and community-based
sanctions and other matters).
f A/CONF.169/16/Rev.1, chap. I, resolutions 1 (on recommendations on the four substantive
topics of the Ninth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders), 5 (on the practical implementation of the Standard Minimum Rules for the
Treatment of Prisoners) and 8 (on the elimination of violence against women).
g Resolution 55/59, annex.
h Resolution 56/261, annex.
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non-discrimination; to take positive measures to address structural causes of
violence against women and to strengthen prevention efforts addressing
discriminatory practices and social norms, including with regard to women in
need of special attention, such as women in institutions or in detention; and to
provide training and capacity-building on gender equality and women’s rights
for law enforcement personnel and the judiciary. The resolution is an
acknowledgement of the fact that violence against women has specific
implications for women’s contact with the criminal justice system, as well as
their right to be free of victimization while imprisoned. Physical and
psychological safety is critical to ensuring human rights and improving
outcomes for women offenders, of which the present rules take account.
10. Finally, in the Bangkok Declaration on Synergies and Responses:
Strategic Alliances in Crime Prevention and Criminal Justice,i adopted by the
Eleventh United Nations Congress on Crime Prevention and Criminal Justice
on 25 April 2005, Member States declared that they were committed to the
development and maintenance of fair and efficient criminal justice institutions,
including the humane treatment of all those in pretrial and correctional
facilities, in accordance with applicable international standards (para. 8); and
they recommended that the Commission on Crime Prevention and Criminal
Justice should give consideration to reviewing the adequacy of standards and
norms in relation to prison management and prisoners (para. 30).
11. As with the Standard Minimum Rules for the Treatment of Prisoners, in
view of the great variety of legal, social, economic and geographical
conditions worldwide, it is evident that not all of the following rules can be
equally applied in all places and at all times. They should, however, serve to
stimulate a constant endeavour to overcome practical difficulties in how they
are applied, in the knowledge that they represent, as a whole, the global
aspirations considered by the United Nations as leading to the common goal of
improving outcomes for women prisoners, their children and their
communities.
12. Some of these rules address issues applicable to both men and women
prisoners, including those relating to parental responsibilities, some medical
services, searching procedures and the like, although the rules are mainly
concerned with the needs of women and their children. However, as the focus
includes the children of imprisoned mothers, there is a need to recognize the
central role of both parents in the lives of children. Accordingly, some of these
rules would apply equally to male prisoners and offenders who are fathers.
Introduction
13. The following rules do not in any way replace the Standard Minimum
Rules for the Treatment of Prisoners and the Tokyo Rules. Therefore, all
provisions contained in those two sets of rules continue to apply to all
prisoners and offenders without discrimination.
14. Section I of the present rules, covering the general management of
institutions, is applicable to all categories of women deprived of their liberty,
including criminal or civil, untried or convicted women prisoners, as well as
__________________
i Resolution 60/177, annex.
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women subject to “security measures” or corrective measures ordered by a
judge.
15. Section II contains rules applicable only to the special categories dealt
with in each subsection. Nevertheless, the rules under subsection A, applicable
to prisoners under sentence, shall be equally applicable to the category of
prisoners dealt with in subsection B, provided they do not conflict with the
rules governing that category of women and are for their benefit.
16. Subsections A and B both provide additional rules for the treatment of
juvenile female prisoners. It is important to note, however, that separate
strategies and policies in accordance with international standards, in particular
the United Nations Standard Minimum Rules for the Administration of
Juvenile Justice (Beijing Rules),j the United Nations Guidelines for the
Prevention of Juvenile Delinquency (the Riyadh Guidelines),k the United
Nations Rules for the Protection of Juveniles Deprived of their Libertyl and
the Guidelines for Action on Children in the Criminal Justice System,m need to
be designed for the treatment and rehabilitation of this category of prisoners,
while institutionalization shall be avoided to the maximum possible extent.
17. Section III contains rules covering the application of non-custodial
sanctions and measures for women and juvenile female offenders, including on
arrest and at the pretrial, sentencing and post-sentencing stages of the criminal
justice process.
18. Section IV contains rules on research, planning, evaluation, public
awareness-raising and sharing of information, and is applicable to all
categories of female offenders covered in these rules.
I. Rules of general application
1. Basic principle
[Supplements rule 6 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 1
In order for the principle of non-discrimination, embodied in rule 6 of the
Standard Minimum Rules for the Treatment of Prisoners to be put into
practice, account shall be taken of the distinctive needs of women prisoners in
the application of the Rules. Providing for such needs in order to accomplish
substantial gender equality shall not be regarded as discriminatory.
2. Admission
Rule 2
1. Adequate attention shall be paid to the admission procedures for
women and children, due to their particular vulnerability at this time. Newly
__________________
j Resolution 40/33, annex.
k Resolution 45/112, annex.
l Resolution 45/113, annex.
m Economic and Social Council resolution 1997/30, annex.
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arrived women prisoners shall be provided with facilities to contact their
relatives; access to legal advice; information about prison rules and
regulations, the prison regime and where to seek help when in need in a
language that they understand; and, in the case of foreign nationals, access to
consular representatives as well.
2. Prior to or on admission, women with caretaking responsibilities for
children shall be permitted to make arrangements for those children, including
the possibility of a reasonable suspension of detention, taking into account the
best interests of the children.
3. Register
[Supplements rule 7 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 3
1. The number and personal details of the children of a woman being
admitted to prison shall be recorded at the time of admission. The records shall
include, without prejudicing the rights of the mother, at least the names of the
children, their ages and, if not accompanying the mother, their location and
custody or guardianship status.
2. All information relating to the children’s identity shall be kept
confidential, and the use of such information shall always comply with the
requirement to take into account the best interests of the children.
4. Allocation
Rule 4
Women prisoners shall be allocated, to the extent possible, to prisons
close to their home or place of social rehabilitation, taking account of their
caretaking responsibilities, as well as the individual woman’s preference and
the availability of appropriate programmes and services.
5. Personal hygiene
[Supplements rules 15 and 16 of the Standard Minimum Rules for the
Treatment of Prisoners]
Rule 5
The accommodation of women prisoners shall have facilities and
materials required to meet women’s specific hygiene needs, including sanitary
towels provided free of charge and a regular supply of water to be made
available for the personal care of children and women, in particular women
involved in cooking and those who are pregnant, breastfeeding or
menstruating.
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6. Health-care services
[Supplements rules 22-26 of the Standard Minimum Rules for the Treatment of
Prisoners]
(a) Medical screening on entry
[Supplements rule 24 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 6
The health screening of women prisoners shall include comprehensive
screening to determine primary health-care needs, and also shall determine:
(a) The presence of sexually transmitted diseases or blood-borne
diseases; and, depending on risk factors, women prisoners may also be offered
testing for HIV, with pre- and post-test counselling;
(b) Mental health-care needs, including post-traumatic stress disorder
and risk of suicide and self-harm;
(c) The reproductive health history of the woman prisoner, including
current or recent pregnancies, childbirth and any related reproductive health
issues;
(d) The existence of drug dependency;
(e) Sexual abuse and other forms of violence that may have been
suffered prior to admission.
Rule 7
1. If the existence of sexual abuse or other forms of violence before or
during detention is diagnosed, the woman prisoner shall be informed of her
right to seek recourse from judicial authorities. The woman prisoner should be
fully informed of the procedures and steps involved. If the woman prisoner
agrees to take legal action, appropriate staff shall be informed and immediately
refer the case to the competent authority for investigation. Prison authorities
shall help such women to access legal assistance.
2. Whether or not the woman chooses to take legal action, prison
authorities shall endeavour to ensure that she has immediate access to
specialized psychological support or counselling.
3. Specific measures shall be developed to avoid any form of
retaliation against those making such reports or taking legal action.
Rule 8
The right of women prisoners to medical confidentiality, including
specifically the right not to share information and not to undergo screening in
relation to their reproductive health history, shall be respected at all times.
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Rule 9
If the woman prisoner is accompanied by a child, that child shall also
undergo health screening, preferably by a child health specialist, to determine
any treatment and medical needs. Suitable health care, at least equivalent to
that in the community, shall be provided.
(b) Gender-specific health care
Rule 10
1. Gender-specific health-care services at least equivalent to those
available in the community shall be provided to women prisoners.
2. If a woman prisoner requests that she be examined or treated by a
woman physician or nurse, a woman physician or nurse shall be made
available, to the extent possible, except for situations requiring urgent medical
intervention. If a male medical practitioner undertakes the examination
contrary to the wishes of the woman prisoner, a woman staff member shall be
present during the examination.
Rule 11
1. Only medical staff shall be present during medical examinations
unless the doctor is of the view that exceptional circumstances exist or the
doctor requests a member of the prison staff to be present for security reasons
or the woman prisoner specifically requests the presence of a member of staff
as indicated in rule 10, paragraph 2 above.
2. If it is necessary for non-medical prison staff to be present during
medical examinations, such staff should be women and examinations shall be
carried out in a manner that safeguards privacy, dignity and confidentiality.
(c) Mental health and care
Rule 12
Individualized, gender-sensitive, trauma-informed and comprehensive
mental health care and rehabilitation programmes shall be made available for
women prisoners with mental health-care needs in prison or in non-custodial
settings.
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.
(d) HIV prevention, treatment, care and support
Rule 14
In developing responses to HIV/AIDS in penal institutions, programmes
and services shall be responsive to the specific needs of women, including
prevention of mother-to-child transmission. In this context, prison authorities
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shall encourage and support the development of initiatives on HIV prevention,
treatment and care, such as peer-based education.
(e) Substance abuse treatment programmes
Rule 15
Prison health services shall provide or facilitate specialized treatment
programmes designed for women substance abusers, taking into account prior
victimization, the special needs of pregnant women and women with children,
as well as their diverse cultural backgrounds.
(f) Suicide and self-harm prevention
Rule 16
Developing and implementing strategies, in consultation with mental
health-care and social welfare services, to prevent suicide and self-harm
among women prisoners and providing appropriate, gender-specific and
specialized support to those at risk shall be part of a comprehensive policy of
mental health care in women’s prisons.
(g) Preventive health-care services
Rule 17
Women prisoners shall receive education and information about
preventive health-care measures, including from HIV, sexually transmitted
diseases and other, blood-borne diseases, as well as gender-specific health
conditions.
Rule 18
Preventive health-care measures of particular relevance to women, such
as Papanicolaou tests and screening for breast and gynaecological cancer, shall
be offered to women prisoners on an equal basis with women of the same age
in the community.
7. Safety and security
[Supplements rules 27-36 of the Standard Minimum Rules for the Treatment of
Prisoners]
(a) Searches
Rule 19
Effective measures shall be taken to ensure that women prisoners’ dignity
and respect are protected during personal searches, which shall only be carried
out by women staff who have been properly trained in appropriate searching
methods and in accordance with established procedures.
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Rule 20
Alternative screening methods, such as scans, shall be developed to
replace strip searches and invasive body searches, in order to avoid the
harmful psychological and possible physical impact of invasive body searches.
Rule 21
Prison staff shall demonstrate competence, professionalism and
sensitivity and shall preserve respect and dignity when searching both children
in prison with their mother and children visiting prisoners.
(b) Discipline and punishment
[Supplements rules 27-32 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 22
Punishment by close confinement or disciplinary segregation shall not be
applied to pregnant women, women with infants and breastfeeding mothers in
prison.
Rule 23
Disciplinary sanctions for women prisoners shall not include a
prohibition of family contact, especially with children.
(c) Instruments of restraint
[Supplements rules 33-34 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 24
Instruments of restraint shall never be used on women during labour,
during birth and immediately after birth.
(d) Information to and complaints by prisoners; inspections
[Supplements rules 35 and 36 and, with regard to inspection, rule 55 of the
Standard Minimum Rules for the Treatment of Prisoners]
Rule 25
1. Women prisoners who report abuse shall be provided immediate
protection, support and counselling, and their claims shall be investigated by
competent and independent authorities, with full respect for the principle of
confidentiality. Protection measures shall take into account specifically the
risks of retaliation.
2. Women prisoners who have been subjected to sexual abuse, and
especially those who have become pregnant as a result, shall receive
appropriate medical advice and counselling and shall be provided with the
requisite physical and mental health care, support and legal aid.
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3. In order to monitor the conditions of detention and treatment of
women prisoners, inspectorates, visiting or monitoring boards or supervisory
bodies shall include women members.
8. Contact with the outside world
[Supplements rules 37-39 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 26
Women prisoners’ contact with their families, including their children,
their children’s guardians and legal representatives shall be encouraged and
facilitated by all reasonable means. Where possible, measures shall be taken to
counterbalance disadvantages faced by women detained in institutions located
far from their homes.
Rule 27
Where conjugal visits are allowed, women prisoners shall be able to
exercise this right on an equal basis with men.
Rule 28
Visits involving children shall take place in an environment that is
conducive to a positive visiting experience, including with regard to staff
attitudes, and shall allow open contact between mother and child. Visits
involving extended contact with children should be encouraged, where
possible.
9. Institutional personnel and training
[Supplements rules 46-55 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 29
Capacity-building for staff employed in women’s prisons shall enable
them to address the special social reintegration requirements of women
prisoners and manage safe and rehabilitative facilities. Capacity-building
measures for women staff shall also include access to senior positions with key
responsibility for the development of policies and strategies relating to the
treatment and care of women prisoners.
Rule 30
There shall be a clear and sustained commitment at the managerial level
in prison administrations to prevent and address gender-based discrimination
against women staff.
Rule 31
Clear policies and regulations on the conduct of prison staff aimed at
providing maximum protection for women prisoners from any gender-based
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physical or verbal violence, abuse and sexual harassment shall be developed
and implemented.
Rule 32
Women prison staff shall receive equal access to training as male staff,
and all staff involved in the management of women’s prisons shall receive
training on gender sensitivity and prohibition of discrimination and sexual
harassment.
Rule 33
1. All staff assigned to work with women prisoners shall receive
training relating to the gender-specific needs and human rights of women
prisoners.
2. Basic training shall be provided for prison staff working in
women’s prisons on the main issues relating to women’s health, in addition to
first aid and basic medicine.
3. Where children are allowed to stay with their mothers in prison,
awareness-raising on child development and basic training on the health care
of children shall also be provided to prison staff, in order for them to respond
appropriately in times of need and emergencies.
Rule 34
Capacity-building programmes on HIV shall be included as part of the
regular training curricula of prison staff. In addition to HIV/AIDS prevention,
treatment, care and support, issues such as gender and human rights, with a
particular focus on their link to HIV, stigma and discrimination, shall also be
part of the curriculum.
Rule 35
Prison staff shall be trained to detect mental health-care needs and risk of
self-harm and suicide among women prisoners and to offer assistance by
providing support and referring such cases to specialists.
10. Juvenile female prisoners
Rule 36
Prison authorities shall put in place measures to meet the protection
needs of juvenile female prisoners.
Rule 37
Juvenile female prisoners shall have equal access to education and
vocational training that are available to juvenile male prisoners.
Rule 38
Juvenile female prisoners shall have access to age- and gender-specific
programmes and services, such as counselling for sexual abuse or violence.
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They shall receive education on women’s health care and have regular access
to gynaecologists, similar to adult female prisoners.
Rule 39
Pregnant juvenile female prisoners shall receive support and medical care
equivalent to that provided for adult female prisoners. Their health shall be
monitored by a medical specialist, taking account of the fact that they may be
at greater risk of health complications during pregnancy due to their age.
II. Rules applicable to special categories
A. Prisoners under sentence
1. Classification and individualization
[Supplements rules 67-69 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 40
Prison administrators shall develop and implement classification methods
addressing the gender-specific needs and circumstances of women prisoners to
ensure appropriate and individualized planning and implementation towards
those prisoners’ early rehabilitation, treatment and reintegration into society.
Rule 41
The gender-sensitive risk assessment and classification of prisoners shall:
(a) Take into account the generally lower risk posed by women
prisoners to others, as well as the particularly harmful effects that highsecurity
measures and increased levels of isolation can have on women
prisoners;
(b) Enable essential information about women’s backgrounds, such as
violence they may have experienced, history of mental disability and substance
abuse, as well as parental and other caretaking responsibilities, to be taken into
account in the allocation and sentence planning process;
(c) Ensure that women’s sentence plans include rehabilitative
programmes and services that match their gender-specific needs;
(d) Ensure that those with mental health care needs are housed in
accommodation which is not restrictive, and at the lowest possible security
level, and receive appropriate treatment, rather than being placed in higher
security level facilities solely due to their mental health problems.
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2. Prison regime
[Supplements rules 65, 66 and 70-81 of the Standard Minimum Rules for the
Treatment of Prisoners]
Rule 42
1. Women prisoners shall have access to a balanced and
comprehensive programme of activities, which take account of genderappropriate
needs.
2. The regime of the prison shall be flexible enough to respond to the
needs of pregnant women, nursing mothers and women with children.
Childcare facilities or arrangements shall be provided in prisons in order to
enable women prisoners to participate in prison activities.
3. Particular efforts shall be made to provide appropriate programmes
for pregnant women, nursing mothers and women with children in prison.
4. Particular efforts shall be made to provide appropriate services for
women prisoners who have psychosocial support needs, especially those who
have been subjected to physical, mental or sexual abuse.
Social relations and aftercare
[Supplements rules 79-81 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 43
Prison authorities shall encourage and, where possible, also facilitate
visits to women prisoners as an important prerequisite to ensuring their mental
well-being and social reintegration.
Rule 44
In view of women prisoners’ disproportionate experience of domestic
violence, they shall be properly consulted as to who, including which family
members, is allowed to visit them.
Rule 45
Prison authorities shall utilize options such as home leave, open prisons,
halfway houses and community-based programmes and services to the
maximum possible extent for women prisoners, to ease their transition from
prison to liberty, to reduce stigma and to re-establish their contact with their
families at the earliest possible stage.
Rule 46
Prison authorities, in cooperation with probation and/or social welfare
services, local community groups and non-governmental organizations, shall
design and implement comprehensive pre- and post-release reintegration
programmes which take into account the gender-specific needs of women.
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Rule 47
Additional support following release shall be provided to released
women prisoners who need psychological, medical, legal and practical help to
ensure their successful social reintegration, in cooperation with services in the
community.
3. Pregnant women, breastfeeding mothers and mothers with children
in prison
[Supplements rule 23 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 48
1. Pregnant or breastfeeding women prisoners shall receive advice on
their health and diet under a programme to be drawn up and monitored by a
qualified health practitioner. Adequate and timely food, a healthy environment
and regular exercise opportunities shall be provided free of charge for pregnant
women, babies, children and breastfeeding mothers.
2. Women prisoners shall not be discouraged from breastfeeding their
children, unless there are specific health reasons to do so.
3. The medical and nutritional needs of women prisoners who have
recently given birth, but whose babies are not with them in prison, shall be
included in treatment programmes.
Rule 49
Decisions to allow children to stay with their mothers in prison shall be
based on the best interests of the children. Children in prison with their
mothers shall never be treated as prisoners.
Rule 50
Women prisoners whose children are in prison with them shall be
provided with the maximum possible opportunities to spend time with their
children.
Rule 51
1. Children living with their mothers in prison shall be provided with
ongoing health-care services and their development shall be monitored by
specialists, in collaboration with community health services.
2. The environment provided for such children’s upbringing shall be
as close as possible to that of a child outside prison.
Rule 52
1. Decisions as to when a child is to be separated from its mother shall
be based on individual assessments and the best interests of the child within
the scope of relevant national laws.
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20 10-56194
2. The removal of the child from prison shall be undertaken with
sensitivity, only when alternative care arrangements for the child have been
identified and, in the case of foreign-national prisoners, in consultation with
consular officials.
3. After children are separated from their mothers and placed with
family or relatives or in other alternative care, women prisoners shall be given
the maximum possible opportunity and facilities to meet with their children,
when it is in the best interests of the children and when public safety is not
compromised.
4. Foreign nationals
[Supplements rule 38 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 53
1. Where relevant bilateral or multilateral agreements are in place, the
transfer of non-resident foreign-national women prisoners to their home
country, especially if they have children in their home country, shall be
considered as early as possible during their imprisonment, following the
application or informed consent of the woman concerned.
2. Where a child living with a non-resident foreign-national woman
prisoner is to be removed from prison, consideration should be given to
relocation of the child to its home country, taking into account the best
interests of the child and in consultation with the mother.
5. Minorities and indigenous peoples
Rule 54
Prison authorities shall recognize that women prisoners from different
religious and cultural backgrounds have distinctive needs and may face
multiple forms of discrimination in their access to gender- and culture-relevant
programmes and services. Accordingly, prison authorities shall provide
comprehensive programmes and services that address these needs, in
consultation with women prisoners themselves and the relevant groups.
Rule 55
Pre- and post-release services shall be reviewed to ensure that they are
appropriate and accessible to indigenous women prisoners and to women
prisoners from ethnic and racial groups, in consultation with the relevant
groups.
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B. Prisoners under arrest or awaiting trial
[Supplements rules 84-93 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 56
The particular risk of abuse that women face in pretrial detention shall be
recognized by relevant authorities, which shall adopt appropriate measures in
policies and practice to guarantee such women’s safety at this time. (See also
rule 58 below, with regard to alternatives to pretrial detention.)
III. Non-custodial measures
Rule 57
The provisions of the Tokyo Rules shall guide the development and
implementation of appropriate responses to women offenders. Gender-specific
options for diversionary measures and pretrial and sentencing alternatives shall
be developed within Member States’ legal systems, taking account of the
history of victimization of many women offenders and their caretaking
responsibilities.
Rule 58
Taking into account the provisions of rule 2.3 of the Tokyo Rules, women
offenders shall not be separated from their families and communities without
due consideration being given to their backgrounds and family ties. Alternative
ways of managing women who commit offences, such as diversionary
measures and pretrial and sentencing alternatives, shall be implemented
wherever appropriate and possible.
Rule 59
Generally, non-custodial means of protection, for example in shelters
managed by independent bodies, non-governmental organizations or other
community services, shall be used to protect women who need such protection.
Temporary measures involving custody to protect a woman shall only be
applied when necessary and expressly requested by the woman concerned and
shall in all cases be supervised by judicial or other competent authorities. Such
protective measures shall not be continued against the will of the woman
concerned.
Rule 60
Appropriate resources shall be made available to devise suitable
alternatives for women offenders in order to combine non-custodial measures
with interventions to address the most common problems leading to women’s
contact with the criminal justice system. These may include therapeutic
courses and counselling for victims of domestic violence and sexual abuse;
suitable treatment for those with mental disability; and educational and
training programmes to improve employment prospects. Such programmes
shall take account of the need to provide care for children and women-only
services.
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Rule 61
When sentencing women offenders, courts shall have the power to
consider mitigating factors such as lack of criminal history and relative
non-severity and nature of the criminal conduct, in the light of women’s
caretaking responsibilities and typical backgrounds.
Rule 62
The provision of gender-sensitive, trauma-informed, women-only
substance abuse treatment programmes in the community and women’s access
to such treatment shall be improved, for crime prevention as well as for
diversion and alternative sentencing purposes.
1. Post-sentencing dispositions
Rule 63
Decisions regarding early conditional release (parole) shall favourably
take into account women prisoners’ caretaking responsibilities, as well as their
specific social reintegration needs.
2. Pregnant women and women with dependent children
Rule 64
Non-custodial sentences for pregnant women and women with dependent
children shall be preferred where possible and appropriate, with custodial
sentences being considered when the offence is serious or violent or the
woman represents a continuing danger, and after taking into account the best
interests of the child or children, while ensuring that appropriate provision has
been made for the care of such children.
3. Juvenile female offenders
Rule 65
Institutionalization of children in conflict with the law shall be avoided
to the maximum extent possible. The gender-based vulnerability of juvenile
female offenders shall be taken into account in decision-making.
4. Foreign nationals
Rule 66
Maximum effort shall be made to ratify the United Nations Convention
against Transnational Organized Crimen and the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children,
supplementing that Conventiono to fully implement their provisions so as to
provide maximum protection to victims of trafficking in order to avoid
secondary victimization of many foreign-national women.
__________________
n United Nations, Treaty Series, vol. 2225, No. 39574.
o Ibid., vol. 2237, No. 39574.
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IV. Research, planning, evaluation and public awareness-raising
1. Research, planning and evaluation
Rule 67
Efforts shall be made to organize and promote comprehensive, resultoriented
research on the offences committed by women, the reasons that
trigger women’s confrontation with the criminal justice system, the impact of
secondary criminalization and imprisonment on women, the characteristics of
women offenders, as well as programmes designed to reduce reoffending by
women, as a basis for effective planning, programme development and policy
formulation to respond to the social reintegration needs of women offenders.
Rule 68
Efforts shall be made to organize and promote research on the number of
children affected by their mothers’ confrontation with the criminal justice
system, and imprisonment in particular, and the impact of this on the children,
in order to contribute to policy formulation and programme development,
taking into account the best interests of the children.
Rule 69
Efforts shall be made to review, evaluate and make public periodically
the trends, problems and factors associated with offending behaviour in
women and the effectiveness in responding to the social reintegration needs of
women offenders, as well as their children, in order to reduce the
stigmatization and negative impact of those women’s confrontation with the
criminal justice system on them.
2. Raising public awareness, sharing information and training
Rule 70
1. The media and the public shall be informed about the reasons that
lead to women’s entrapment in the criminal justice system and the most
effective ways to respond to it, in order to enable women’s social reintegration,
taking into account the best interests of their children.
2. Publication and dissemination of research and good practice
examples shall form comprehensive elements of policies that aim to improve
the outcomes and the fairness to women and their children of criminal justice
responses to women offenders.
3. The media, the public and those with professional responsibility in
matters concerning women prisoners and offenders shall be provided regularly
with factual information about the matters covered in these rules and about
their implementation.
4. Training programmes on the present rules and the results of
research shall be developed and implemented for relevant criminal justice
officials to raise their awareness and sensitize them to their provisions
contained therein.