-20
“The international
standards do not represent
a coherent approach to
vulnerability in detention”
2.INTERNATIONAL STANDARDS
2.1. General principles
A number of international documents, both legally binding treaties and
“soft law”, provide standards for the treatment of vulnerable groups in
prisons and other places of detention. The two key soft law documents at
the UN and at the CoE level, the United Nations Standard Minimum Rules for the
Treatment of Prisoners (SMR, the Nelson Mandela Rules)16 and the European
Prison Rules (EPR) contain provisions on some vulnerable groups.17 For some
categories of vulnerable prisoners, the UN and the Council of Europe have
adopted separate documents. The United Nations Rules for the Treatment
of Women Prisoners and Non-Custodial Measures for Women Offenders
(the Bangkok Rules) refer to women prisoners who “belong to one of the
vulnerable groups that have specific needs and requirements”.18
The Bangkok Rules provide for a whole range of measures to address the
specific vulnerability of women in custody. The United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (the Havana Rules) of 1990
provide for similar measures regarding children deprived of their liberty.
The CoE Committee of Ministers’ Commentary on the European Prison Rules
(EPR) talks about children as “an exceptionally vulnerable group”. The
Nelson Mandela Rules and the EPR themselves dedicate provisions to some
specific groups of prisoners on the presumption that they are vulnerable.
16. The Nelson Mandela Rules, available with other related documents at: https://www.un.org/en/events/
mandeladay/mandela_rules.shtml, accessed 5 October 2020.
17. Recommendation Rec(2006)2-rev of the Committee of Ministers to member States on the European
Prison Rules, at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581,
accessed 5 October 2020.
18. United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules), A/RES/65/229, 16 March 2011, at: https://www.unodc.org/documents/justice-andprison-reform/Bangkok_Rules_ENG_22032015.pdf, accessed 5 October 2020.