ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES Chapter 1 Dignity Issues/rules covered: • Prohibition of torture and other ill-treatment (Rule 1) • Conduct in case of death of a prisoner (Rule 72) • Searches of prisoners, cells and visitors (Rules 50-52, 60) • Non-discrimination (Rule 2) • Prisoners with Disabilities (Rules 5(2) and 109) This chapter addresses the meaning and scope of a number of new rules introduced in the Nelson Mandela Rules that require respect for the inherent dignity of prisoners. These include the introduction of an overarching framework on human dignity and the specific rules listed above. Due to time constraints, the Essex Group was unable to discuss all of the new Rules that address human dignity. These included Rules 29 (children accommodated in prison with their parent), Rules 96 and 97 (on work in prisons and the prohibition of slavery) and the protections and treatment necessary to protect prisoners and groups in positions of vulnerability. The Group noted the importance of developing guidance on the interpretation of these Rules and recalled previous coverage of these issues in the first and second reports produced by the Essex Group as submissions to the UN when developing the revised SMR.1 Overarching Requirement to Respect Human Dignity The Nelson Mandela Rules contain a new section entitled ‘Basic Principles’. The Essex Group of Experts underscored that the concepts contained in Rules 1 to 5 of this new section should not be seen as abstract. Rather, together they provide an overarching description of the concrete action states are required to take to ensure respect for prisoners’ inherent human dignity. The Essex Group noted the significance of the fact that the requirement to ‘respect human dignity’ is the very first standard set out in the new Rules. They pointed to Article 1 of the Universal Declaration of Human Rights which provides that, ‘[a]ll human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood’. They noted that ‘human dignity’ is not a singular rule but a general principle that underpins all of the Rules. This means that each Rule within the Nelson Expert Meeting at the University of Essex on the Standard Minimum Rules for the Treatment of Prisoners Review (20 November 2012) available at: http://www.essex.ac.uk/hrc/documents/practice/summary-expert-meeting-20-nov-2012. pdf , see L. Other areas highlighted by experts (1)Children of incarcerated parents (pp.37-39), L.(3) Labour in Detention (pp.40-41), G. Protection and special needs of vulnerable groups deprived of their liberty (pp.26-27)(First Report of the Essex Group of Experts); Second Report of the Essex Expert Group on the Review of the Standard Minimum Rules for the Treatment of Prisoners (March 2014) available at: http://www.essex.ac.uk/hrc/documents/practice/second-reportof-essex-expert-group-smr-revision-19-march-2014.pdf , see ‘Children of imprisoned parents’ (paras. 36-39) (Second Report of the Essex Group of Experts) 1  Penal Reform International and the Essex Human Rights Centre |7