2. SAFETY, SECURITY AND DIGNITY FOR ALL
2.4. PRISONERS WITH
DISABILITIES
88
The Mandela Rules have been updated to reflect the situation and needs of prisoners with
disabilities and to ensure that they have full and effective access to prison life on an equal
basis, and are treated in accordance with their health needs.142
RELEVANT RULES: PRISONERS WITH DISABILITIES
Rule 5(2): Prison administrations shall make all
staying in prison would mean an exacerbation of
reasonable accommodation and adjustments to ensure
that prisoners with physical, mental or other disabilities
have full and effective access to prison life on an
equitable basis.
Rule 39(3): Before imposing disciplinary sanctions,
2
prison administrations shall consider whether and
how a prisoner’s mental illness or developmental
disability may have contributed to his or her conduct
and the commission of the offence or act underlying
the disciplinary charge. Prison administrations
shall not sanction any conduct of a prisoner that is
considered to be the direct result of his or her mental
illness or intellectual disability.
70
Rule 109:
1. Persons who are found to be not criminally
their condition, shall not be detained in prisons, and
arrangements shall be made to transfer them to mental
health facilities as soon as possible.
2. If necessary, other prisoners with mental disabilities
and/or health conditions can be observed and treated
in specialized facilities under the supervision of qualified
health-care professionals.
3. The health-care service shall provide for the
psychiatric treatment of all other prisoners who are in
need of such treatment.
Rule 110: It is desirable that steps should be taken, by
arrangement with the appropriate agencies, to ensure if
necessary the continuation of psychiatric treatment after
release and the provision of social-psychiatric aftercare.
responsible, or who are later diagnosed with severe
mental disabilities and/or health conditions, for whom
142
WHY IS IT IMPORTANT?
89
Prisoners with various types of disabilities will have specific disability related needs that
prisons might not be adequately equipped to accommodate, including, for instance, the
need for wheelchairs, canes and orthotics, sign language interpreters and information in
formats that are accessible to persons who are blind or who suffer from visual impairments.
90
Prisons are also often unable to fulfil the general accessibility requirements for persons with
various types of disabilities. Similarly, prisons and prison staff are not usually equipped to
recognize and deal with prisoners who have mental health conditions. The ageing prison
population in many countries suggests that the number of persons with disabilities in prison
will rise and their needs will increasingly have to be considered.
91
The UNODC Handbook on Prisoners with Special Needs contains detailed guidance on
how to manage prisoners with disabilities, pointing out, that “[t]he difficulties persons with
disabilities face in society are magnified in prisons, given the nature of the closed and
restricted environment and violence resulting from overcrowding, lack of proper prisoner
differentiation and supervision, among others. Prison overcrowding accelerates the
disabling process, with the neglect, psychological stress and lack of adequate medical care,
characteristic of overcrowded prison. (…) Thus imprisonment represents a disproportionately
harsh punishment for offenders with disabilities, often worsening their situation and placing
a significant burden on the prison system’s resources.”143
142. The Mandela Rules, op. cit., note 1: the first sentence of Rule 109 deals with the criminal liability of those with mental disabilities and/or health
conditions and therefore goes beyond the remit of prison authorities. Decisions to imprison persons with mental disabilities and/or health conditions
are the responsibility of judicial officials.
143. Handbook on Prisoners with Special Needs, UNODC, op. cit., note 87, p. 43.
Guidance document on the Nelson Mandela Rules
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents