Council of Europe - European NPM Project
Thematic Workshop, Baku 20/21 October 2011
The Bangkok Rules
as a framework for the monitoring
role of NPMs
Andrea Huber, Policy Director
Penal Reform International
www.penalreform.org
Bangkok Rules
Gap to meet needs of women in criminal justice
system
Leading role of the Thai Government
21 December 2010 - Resolution A/RES/65/229
UN General Assembly adopted the UN Rules for the
Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (‘Bangkok Rules’)
Supplement UN SMR for the Treatment
of Prisoners and UN SMR for Noncustodial Measures (‘Tokyo Rules’)
www.penalreform.org
Bangkok Rules
Content:
• Institutional personnel & training
• Admission, registration & individualisation
• Healthcare provisions
• Discipline, punishment & searches
• Information, complaints & contact to the outside world
• Special groups (pregnant/ breastfeeding/ with children,
girls, foreign nationals, minorities)
• Reintegration
• Non-custodial measures
• Research, planning and evaluation
www.penalreform.org
Bangkok Rules
Non-discrimination (Rule 1):
Providing for special needs of female prisoners does not
constitute discrimination
www.penalreform.org
Institutional personnel
• Capacity-building of staff: special needs of women (R
29)
• Managerial commitment to prevent/ address genderbased discrimination ag. women staff (R 30)
• Clear regulations on conduct of prison staff
(protection from gender-based violence - R 31)
• Equal access to training male/ female staff (R 32)
www.penalreform.org
Training
Training of staff (Rules 29 - 35):
• Gender-specific needs & human rights of women
prisoners (R 29, 33)
• Main issues relating to women’s & children’s health
(R 33)
• Capacity-building on HIV/AIDS (prevention,
treatment, care, support - R 34)
• on gender sensitivity and prohibition of discrimination
and sexual harrassment (R 32)
• Detection of mental health-care needs, risk of selfharm and suicide (R 35)
www.penalreform.org
Admission & Registration
Admission (Rule 2): Special attention during admission increased risk of self-harm and suicide
• Access to legal advice & consular representatives
• Information about prison rules and regulations in a
language they understand
Rule 3 (supplementing Rule 7 SMR):
• Number +personal details of the children, names, ages,
their location, custody or
guardianship status (if not accompanying
their mother)
• Confidentiality of identity of children
www.penalreform.org
Medical screening on entry 1
Rule 6: to determine/ risk assessment
• Primary health-care needs
• Sexually transmitted or blood-borne diseases;
• Testing for HIV may also be offered (! consent !)
• Mental health-care needs
• Reproductive health history
• Signs of torture or ill-treatment
• Existence of drug dependency
• Sexual abuse and other forms of violence
suffered prior to admission
www.penalreform.org
Principles of medical treatment
• Hygiene (Rule 5)
• Proper recording/ medical files (Rule 6)
• Right to medical confidentiality (Rule 8)
• Independence of medical care (Rule 6-8)
• Only medical staff present during
examination (Rule 11)
www.penalreform.org
Gender-specific health care
• Gender-specific health-care services at least
equivalent to those available in the community (R 10)
• Examination by female practitioner (or woman present)
• HIV prevention, treatment and care (R 14)
• Substance abuse treatment programmes (R 15)
• Suicide and self-harm prevention (R 16)
• Victims of violence against women (R10)
• Preventive health-care, e. g. screening
for breast + gynaecological cancer (R 18)
• Mental healthcare (R 12)
Discipline & Punishment
• Prohibition of close confinement for pregnant women,
women with infants and breastfeeding mothers (R 22)
• Disciplinary sanctions shall not include a prohibition
of family contact, especially with children (R 23)
• Instruments of restraint shall never be used on
women during labour, during birth and immediately
after birth (R 24)
www.penalreform.org
Searches
Rules 19 & 21 & WMA Statement on Body Searches:
• Preserve respect and dignity
• Demonstrate competence, professionalism and
sensitivity
• Only by women staff
• Proper training
• Appropriate searching methods
• In accordance with established procedures
• Replace strip and invasive body
searches by alternatives
www.penalreform.org
Planned PRI publications & activities
• Guidance document
• Index of compliance/ check-list
• International conference
• Pilot assessments of compliance
• Trainings & Round-tables
THANK YOU!
www.penalreform.org