3. INCIDENT PREVENTION AND RESPONSE
RELEVANT RULES: INSTRUMENTS OF RESTRAINT (CONTINUED)
Rule 48:
2. Instruments of restraint shall never be used on
1. When the imposition of instruments of restraint is
women during labour, during childbirth and immediately
authorized in accordance with paragraph 2 of rule 47,
the following principles shall apply:
after childbirth.
no lesser form of control would be effective to address
the risks posed by unrestricted movement;
that would obviate the need for the imposition of
instruments of restraint or reduce their intrusiveness.
(b) The method of restraint shall be the least intrusive
Rule 76:
Rule 49: The prison administration should seek access
(a) Instruments of restraint are to be imposed only when to, and provide training in the use of, control techniques
method that is necessary and reasonably available to
1. Training referred to in paragraph 2 of rule 75 shall
control the prisoner’s movement, based on the level and include, at a minimum, training on: (…)
nature of the risks posed;
(c) Security and safety, including the concept of
(c) Instruments of restraint shall be imposed only for
dynamic security, the use of force and instruments
the time period required, and they are to be removed
of restraint, and the management of violent offenders,
as soon as possible after the risks posed by unrestricted with due consideration of preventive and defusing
movement are no longer present.
techniques, such as negotiation and mediation;
WHY IS IT IMPORTANT?
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03
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Many new provisions in the Mandela Rules derive from the obligation of states to prevent
and prohibit torture and other ill‑treatment, and to safeguard the dignity inherent to all human
beings. The use of force, arms and instruments of restraint, by their very nature, pose
particular risks in this regard. However, prison authorities are sometimes required to use
them to protect the safety of individuals or the security of the facility when other methods
of control have failed. The provisions incorporated in the revised Rules are meant to provide
policymakers, prison management and staff, with guidance on how to balance the need
to use force, arms and restraints with the obligation to respect the dignity of those subject
to force.
Guidance document on the Nelson Mandela Rules
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