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Bangkok Rules) Guidance Document on the United Nations Rules on the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (The Bangkok Rules) Toolbox on UN Bangkok Rules Guidance Document: United Nations Rules on the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (The Bangkok Rules) Penal Reform International and the Thailand Institute of Justice would like to thank Tomris Atabay for authoring this publication, and its accompanying Index of Implementation. These two publications have been produced with the financial assistance of the UK Government. The contents of this document are the sole responsibility of Penal Reform International and can in no circumstances be regarded as reflecting the position of the UK Government. This publication may be freely reviewed, abstracted, reproduced and translated, in part or in whole, but not for sale or for use in conjunction with commercial purposes. Any changes to the text of this publication must be approved by Penal Reform International. Due credit must be given to Penal Reform International and to this publication. Enquiries should be addressed to [email protected]. First published in October 2013 Illustrations by John Bishop. © Penal Reform International 2013 Penal Reform International Thailand Institute of Justice 60-62 Commercial Street (Public Organization) London E1 6LT Government Complex United Kingdom Ratthaprasasanabhakti Building Telephone: +44 (0) 207 2476515 5th Fl. Parking House, Laksi Email: [email protected] Bangkok 10210 Thailand www.penalreform.org Telephone: +66 (0) 2 141 3697 www.tijthailand.org ISBN 978-1-909521-10-0 © Penal Reform International 2013 Penal Reform International (PRI) is an independent non-governmental organisation that develops and promotes fair, effective and proportionate responses to criminal justice problems worldwide. We promote alternatives to prison which support the reintegration of offenders, and promote the right of detainees to fair and humane treatment. We campaign for the prevention of torture and the abolition of the death penalty, and we work to ensure just and appropriate responses to children and women who come into contact with the law. We currently have programmes in the Middle East and North Africa, Central and Eastern Europe, Central Asia and the South Caucasus, and work with partners in East Africa and South Asia. To receive our monthly e-newsletter, please sign up at www.penalreform.org/keep-informed. Thailand Institute of Justice (TIJ) is a public organization established by the Government of Thailand in 2011. One of the primary objectives of the TIJ is to promote and support the implementation of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (or “the Bangkok Rules”), both nationally and internationally. In addition, the TIJ aims to enhance other aspects of crime prevention and criminal justice knowledge through evidence-based research and capacity-building activities. 1 CONTENTS Introduction 3 Chapter 1 Non-custodial measures (Rules 57–66) 5 1.1 Alternatives to detention and imprisonment (Rules 57, 58 and 60, 62, 64) 5 1.2 Sentencing: taking into account mitigating factors (Rule 61) 14 1.3 Post-sentencing dispositions (Rule 63) 15 1.4 Women who need protection (Rule 59) 16 1.5 Children in conflict with the law / juvenile female offenders (Rule 65) 18 1.6 Victims of human trafficking / foreign nationals (Rule 66) 20 Chapter 2 Non-discrimination of women prisoners (Rule 1) 25 Chapter 3 Admission, registration and allocation (Rules 2–4) 27 Chapter 4 Hygiene and health care (Rules 5–18) 33 4.1 Medical screening on entry 34 4.2 Gender-specific health care 47 4.3 Mental health and care 49 4.4 HIV prevention, treatment, care and support 51 4.5 Substance abuse treatment programmes 54 4.6 Suicide and self-harm prevention 55 4.7 Preventive health care services 58 Chapter 5 Safety and security (Rules 19–25) 61 Chapter 6 Contact with the outside world (Rules 26–28) 71 Chapter 7 Prisoner rehabilitation (Rules 40–47) 77 Chapter 8 Pregnant women, breastfeeding mothers and mothers with children in prison (Rules 48-52) 87 Chapter 9 Special categories (Rules 36–39, 53–56) 93 9.1 Prisoners under arrest or awaiting trial (Rule 56) 93 9.2 Juvenile female prisoners (Rules 36-39) 96 9.3 Foreign nationals (Rule 53) 99 9.4 Minorities and Indigenous peoples (Rules 54-55) 101 2 Guidance on UN Bangkok Rules Chapter 10 Institutional personnel and training (Rules 29–35) 105 Chapter 11 Research, planning, evaluation and public awareness-raising (Rules 67–70) 109 11.1 Research, planning and evaluation 109 11.2 Raising public awareness, sharing information and training 111 Appendices 113 Appendix 1: Table: key actors and rules which require their action 113 Appendix 2: Additional resources 115 Appendix 3: Acronyms 121 3 INTRODUCTION The adoption of the United Nations Rules for the Many of the Rules do not require additional resources Treatment of Women Prisoners and Non-custodial for their implementation, but a change in awareness, Measures for Women Offenders (the Bangkok Rules) attitude and practices. One main investment in December 2010 represented an important step needed is in training criminal justice actors on the forward in recognising the gender-specific needs of Bangkok Rules and sensitising them to the typical women in criminal justice systems and providing the backgrounds and needs of women offenders. standards that should be applied in the treatment of such women. Until their adoption, international Much more data collection and research is also needed standards had not properly reflected the specific to understand the characteristics of women in conflict needs of girls and women, both as for conditions with the law, the most common reasons that lead of detention and with regard to alternatives to women to commit offences, the impact on children of imprisonment. The Bangkok Rules are also the first their mothers’ confrontation with the criminal justice international instrument which specifically addresses system and the most effective means of support to the needs of the children of women prisoners. help women build positive, self-supporting lives in different regions and countries. The Bangkok Rules The challenge now is to ensure that these standards require such research in Rule 67, forming a key starting are put into practice. This means the incorporation point to changing awareness and practices. of the Bangkok Rules into domestic legislation, sentencing policies and prison rules, and most Finally, it is important to reiterate that the Bangkok importantly, the implementation of the Rules into Rules do not replace but supplement the Standard practice around the world. Minimum Rules for the Treatment of Prisoners (SMR) and the Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules). How to use the Guidance Document on the UN Bangkok Rules This Guidance Document on the UN Bangkok Rules can There are 11 thematic chapters which bring be used as a reference document and as a resource for together the Rules relating to that theme. Each Rule use in reviewing legislation, developing gender-sensitive is presented with its rationale, and with references to policies, and in training criminal justice actors and other other relevant standards or resources. The document relevant stakeholders around the world. then provides detailed guidance on how each Rule can be implemented and to which actors they are It offers practical guidance to legislators, addressed, at both legislative and practical levels. The policymakers, prison authorities, probation services, structure of the publication largely follows the structure social welfare and health care services in the of the Bangkok Rules with a few exceptions for community, non-governmental organisations (NGOs) increased coherence and accessibility. Examples of and other relevant actors to help and encourage good practice from countries worldwide are included them to take the actions necessary to respond to inspire solutions and to generate new thinking. appropriately to the needs of women offenders and to improve their social reintegration prospects. The Guidance Document on the Bangkok Rules is accompanied by the Index of Implementation (on The guidance draws on the official commentary on CD-ROM or by download). The index consists of the Bangkok Rules1 and brings together existing practical checklists developed for the key actors to knowledge, international experience, good prison which the Rules are addressed, and is designed to management practices and technical papers help assess the level of implementation. The two developed by UN bodies and other international documents together provide the means for assessing organisations to assist policymakers, legislators and and improving implementation where shortcomings practitioners to implement the Rules in a way that are identified. Both form part of PRI’s Toolbox on the is consistent with international standards. It also UN Bangkok Rules. provides useful references and a resource list for more detailed information on specific issues. 1 The official commentary on the Bangkok Rules was prepared by the UN Office on Drugs and Crime (UNODC) and agreed by the Inter-governmental Expert Group Meeting which developed the Bangkok Rules. The Inter-governmental Expert Group Meeting was held in Bangkok between 23-26 November 2009. (For further information see <www.unodc.org/unodc/en/justice-and-prison-reform/expert-group-meetings1.html>.
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