1 1. PRISON MANAGEMENT 28 107 Children in prison should be allocated to facilities where they can continue their education, or where they can undertake appropriate vocational training. As noted in Rule 37 of the Bangkok Rules, “[j]uvenile female prisoners shall have equal access to education and vocational training that are available to juvenile male prisoners”. 108 Children in prisons should also be allocated to facilities where they “have access to ageand gender-specific programmes and services, such as counselling for sexual abuse or violence. Girls shall receive education on women’s health-care and have regular access to gynaecologists, similar to adult female prisoners.”45 109 Rule 30 of the Havana Rules states that “[d]etention facilities for juveniles should be decentralized and of such size as to facilitate access and contact between the juveniles and their families. Small-scale detention facilities should be established and integrated into the social, economic and cultural environment of the community”. LGBTI prisoners 110 LGBTI prisoners report higher rates of sexual, physical and psychological violence in detention on the basis of sexual orientation and/or gender identity than the general population.46 Measures to protect and promote the human rights and address the specific needs of LGBTI prisoners are required.47 The Special Rapporteur on torture called on states to take individuals’ gender identity and choice into account prior to placement and to provide opportunities to appeal placement decisions and to ensure that protective measures do not involve the imposition of more restrictive conditions on LGBTI persons than on other inmates”.48 111 The Special Rapporteur on Torture noted that “transgender persons tend to be placed automatically in male or female prisons without regard to their gender identity or expression.”49 112 The SPT has noted with concern that “the absence of appropriate means of identification, registration and detention leads in some cases to transgender women being placed in male-only prisons, where they are exposed to a high risk of rape, often with the complicity of prison personnel”.50 Foreign nationals 113 In general, foreign nationals should be allocated to prisons that alleviate their isolation. When foreign nationals from bordering countries are detained, authorities should consider allocating them in an appropriate prison near the border of their home country, but this is only beneficial in cases where a prisoner can receive more visits from family and friends, and provided that the facility is not so isolated that it would deter visits from consular representatives and others who can provide support. 114 In general, consular representatives are more likely to visit prisoners regularly if they are held in facilities in the capital city or other large urban centres. Similarly, families and friends may be more likely to visit if prisoners are housed in prisons close to international transport facilities, or are otherwise easy to access. 115 Depending on individual needs and risk assessments, it may be beneficial to allocate foreign nationals to facilities where there are other prisoners who speak their own, or a common language, or are of the same nationality, culture or religion, while avoiding segregation and discrimination. Consideration should also be given to the availability of staff members, and local NGOs or other support networks that can communicate effectively with prisoners and who have some knowledge and understanding of their culture. 45. The Bangkok Rules, op. cit., note 28, Rule 38. 46. UN Special Rapporteur on torture, A/HRC/31/57, op. cit. 27, para. 34; see also: LGBTI persons deprived of their liberty: a framework for preventive monitoring, PRI/APT, op. cit. note 27. 47. UN Special Rapporteur on torture, A/HRC/31/57, op. cit. note 27 para. 13. 48. Ibid, para. 70 (s) and (t). 49. Ibid, para. 34. 50. Eighth Annual Report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT), 26 March 2015, CAT/C/54/2, para. 68. Guidance document on the Nelson Mandela Rules

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