06
INTRODUCTION
A NOTE ON TERMINOLOGY
For convenience and brevity, in this guidance document the revised Standard Minimum Rules
for the Treatment of Prisoners (the Nelson Mandela Rules) are referred to as the “Mandela
Rules”, following the commonly used practice for standards of this nature (e.g., the Bangkok
Rules, the Beijing Rules). However, the ODIHR and PRI also encourage the continued use
of the title Revised Standard Minimum Rules for the Treatment of Prisoners (SMR/Mandela
Rules) in order to ensure recognition of the original 1955 Rules.
The terms “ill‑treatment” and “torture and other ill‑treatment” are used to describe
“torture and other cruel, inhuman or degrading treatment or punishment”, as defined
in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT).
The word “prisoner” is used to describe imprisoned persons regardless of their legal status.
Where there is a specific point to be made about the pre-trial status of prisoners, they are
referred to as “detainees” or “pre-trial detainees”.
The terms “children in prison”, “child prisoner” or “juvenile” refer to children who are in prison
because they have been accused or convicted of a criminal offence. Children living in prison
with an adult are referred to as such.
The term “gender” refers to the roles, behaviours, activities, and attributes that a given society
at a given time considers appropriate for men and women. In addition to the social attributes
and opportunities associated with being male and female and the relationships between
women and men and girls and boys, gender also refers to the relations between women and
those between men. These attributes, opportunities and relationships are socially constructed
and are learned through socialization processes.5
The term “principle of non-discrimination” or any other references to discrimination refer to
Rule 2 of the Mandela Rules as well as Articles 2 para. 1 and Article 26 of the ICCPR stating
that “there shall be no discrimination on the grounds of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or any other status” and
subsequent interpretative instruments.
5. See for example: Gender Equality Glossary, UN Women, at trainingcentre.unwomen.org/mod/glossary/view.php?id=36&mode=letter&hook=G.
Guidance document on the Nelson Mandela Rules