INTRODUCTION
This guidance document seeks to provide comprehensive and practical guidance on
the implementation of the revised Rules. Its intended audience is primarily prison staff,
management and other relevant practitioners in prisons, and has been designed to
help understand and implement the Mandela Rules in practice. Given that a number of
Rules require adjustments in laws and policies that stretch beyond the reach of individual
prison administrations, recommendations for policymakers have also been included.
Promising practice examples from the OSCE region have been collected to illustrate
possible approaches to implementation. For a few areas, those examples have been
complemented with promising practices from around the world.
Rather than going through the Rules chronologically, the document is arranged
in seven thematic chapters, grouping inter-related provisions and reflecting on
them comprehensively.
Recognizing the wealth of existing guidance on the previous SMR, the document reflects
only the revisions of the SMR and does not elaborate on thematic areas and Rules that
have not been changed as part of the revision process.
This document only provides guidance for the implementation of minimum standards for
the treatment of prisoners. It incorporates existing international legal and practical tools,
“soft law” principles and opinions of authoritative bodies, as well as promising national
practice examples providing guidance for the interpretation and effective implementation
of the revised Rules. It should in no circumstances obstruct the implementation and
development of higher standards of prison management, treatment of prisoners or
prison conditions.
It is essential to apply a gender perspective to all aspects of prison management to
protect the human rights of persons deprived of their liberty. This document therefore
points out provisions and situations where a gender perspective is particularly relevant.
Issues specifically relating to female prisoners are highlighted in the document with
reference to the more comprehensive guidance provided by the UN Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules). This should not distract from the fact that in the typically
male-dominated prison environment, men and boys who do not conform to dominant
gender perceptions are also exposed to risks. Specific risks and needs are also
associated with lesbian, gay, bisexual, trans- and/or intersex (LGBTI) prisoners. Prison
administrations need to take into account the differential impact of measures of prison
management and of detention conditions on men and women, boys and girls, as well
as on LGBTI individuals, in order to create humane and safe facilities.
This Guidance Document on the Nelson Mandela Rules has been produced following
detailed desk research and consultation and outreach with practitioners. A wide range
of inter-governmental institutions, prison experts and representatives of civil society with
practical experience have kindly contributed their time and expertise, and the OSCE Office
for Democratic Institutions and Human Rights (ODIHR) and Penal Reform International
(PRI) would like to thank all of them for their crucial input and generous contributions.
The document also draws on the Essex paper, which provided initial guidance based on
the deliberations of a meeting of experts, known informally as the “Essex expert group”,
in April 2016.4
We hope that the Guidance Document on the Nelson Mandela Rules will provide useful
insights for prison administrations, staff, policymakers and other practitioners when
implementing the revised Standard Minimum Rules for the Treatment of Prisoners.
Full implementation of the Mandela Rules will ensure that prisoners’ human rights are
respected and they are treated with dignity. This in turn creates safer environments for
prison staff to carry out their duties effectively. It will also mean that prison authorities are
able to contribute to achieving the primary purpose of criminal justice systems, namely
the rehabilitation and reintegration of prisoners for the benefit of society as a whole.
4. Essex paper 3: Initial guidance on the interpretation and implementation of the Nelson Mandela Rules, Penal Reform International and
the Essex Human Rights Centre at the University of Essex, 2017, at www.penalreform.org/resource/guidance-on-implementation-thenelson-mandela-rules.
Guidance document on the Nelson Mandela Rules
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