1. PRISON MANAGEMENT
While Rule 7(a) recognizes the right of prisoners to self-identify their gender, individual
prisoners may fear that identifying their gender as other than man or woman may lead to
ill‑treatment by staff, other prisoners or both. This Rule must therefore not be interpreted as
allowing staff to force or coerce any prisoner into self-identifying their gender in any particular
way, or at all.27
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Information about self-perceived gender can be important in informing decisions about
prisoner allocation, risk and needs assessments, body searches and health-care. However,
record keeping does not replace the requirement for prison officials to consult regularly with
prisoners about their allocation, the risks they face and what gender of prison staff they prefer
to be searched by.
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Data collection and other research should be conducted in order to identify gender-specific
background, characteristics and needs for women, girls, men, boys and LGBTI prisoners.28
1
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20
1.2. CLASSIFICATION, RISK
AND NEEDS ASSESSMENTS
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The rules dealing specifically with prisoner classification and with risk and needs assessments
were not changed during the review of the SMR. However, the provisions of these Rules
relate directly to other revised areas of the SMR.
For example, Rule 2 notes that prison administrations shall take into account the individual
needs of prisoners. Similarly, Rule 4(2) stipulates that programmes, activities and services
should be delivered in line with the individual treatment needs of prisoners.
Rule 11 deals specifically with the separate allocation of prisoners based on their sex, age,
criminal record and the legal reason for their detention. The Rule also requires that different
categories be kept in separate institutions based on “the necessities of their treatment”. Other
principles contained in the Mandela Rules also rely on good classification and assessment
procedures, including prisoner searches, allocation, the application of disciplinary measures
and supervision requirements during family visits.
RELEVANT RULES: CLASSIFICATION, RISK AND NEEDS ASSESSMENTS
Rule 89:
but rely on the self-discipline of the inmates, provide
1. The fulfilment of these principles requires
the conditions most favourable to the rehabilitation
individualization of treatment. For this purpose a flexible
system of classifying prisoners in groups. It is therefore
desirable that such groups should be distributed
in separate prisons suitable for the treatment of
each group.
2. These prisons do not need to provide the same
of carefully selected prisoners.
3. It is desirable that the number of prisoners in closed
prisons should not be so large that the individualization
of treatment is hindered. In some countries it is
considered that the population of such prisons should
not exceed 500. In open prisons the population should
be as small as possible.
degree of security for every group. It is desirable to
provide varying degrees of security according to the
4. On the other hand, it is undesirable to maintain
needs of different groups. Open prisons, by the very fact prisons which are so small that proper facilities cannot
that they provide no physical security against escape
be provided.
.27 .28
27. For more guidance on LGBTI prisoners, see for example: LGBTI persons deprived of their liberty: a framework for preventive monitoring, Penal Reform
International/Association for the Prevention of Torture, second edition, 2015; the Ninth Annual Report of the Subcommittee on Prevention of Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), 22 March 2016, CAT/C/57/4, Section V; and Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment, Report to the Human Rights Council, 5 January 2016, A/HRC/31/57.
28. Rules 67-70 of the UN Rules on the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules) encourage
result-oriented research in order to inform programmes designed for women offenders and prisoners, including, for example, the offences committed
by women, the reasons that trigger women's confrontation with the criminal justice system, the impact of secondary victimization and imprisonment
on women and the characteristics of women offenders. See: General Assembly resolution 65/229, annex, adopted on 20 December 2010. See:
www.penalreform.org/priorities/women-in-the-criminal-justice-system/international-standards for a copy of the rules in multiple languages.
Guidance document on the Nelson Mandela Rules
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