Section one Context
International developments
After several years of revisions and
negotiations, the UN General Assembly
adopted a revised version of the Standard
Minimum Rules on the Treatment of
Prisoners on 17 December 2015, which was
agreed to be named ‘The Nelson Mandela
Rules’. This significant development updates
the original document adopted by the UN
Economic and Social Council in 1957, and
reflects many of the developments in human
rights standards in prisons since then.
In August 2015, the UN Human Rights
Committee published its Concluding
Observations from its review of the UK’s
progress in implementing the International
Covenant on Civil and Political Rights. In its
wide-ranging conclusions, the Committee
called on the government to ensure that any
legislation passed in lieu of the Human Rights
Act 1998 is aimed at strengthening the
status and protections of international human
rights in the domestic legal order. Specifically
relating to detention, the Committee called
for measures to prevent self-inflicted
deaths and self-harm in custody and the
establishment of a statutory time limit on the
duration of immigration detention. In relation
to youth justice, the Committee reiterated
its recommendation that the UK raise the
minimum age of criminal responsibility in
line with international standards, and also
recommended that efforts be made to
reduce the number of children in the juvenile
justice system. Finally, the Committee
reiterated its previous recommendation that
legislation denying any convicted prisoner
the right to vote be amended.
The United Nations Special Rapporteur on
Torture published a report examining the
unique experiences of women, girls and
LGBTI (lesbian, gay, bisexual, transgender and
intersex) detainees and how the prohibition
of torture and other cruel, inhuman or
degrading treatment or punishment in
international law applied to them. This
important report reflects the fact that
the international framework relating to
torture and ill-treatment evolved largely
in response to practices and situations
that disproportionately affected men,
thereby failing to have a gendered or
intersectional lens.43
43. United Nations General Assembly (5 January 2016) Report of the Special Rapporteur on torture and other cruel, inhuman
and degrading treatment or punishment, A/HRC/31/57, available at: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/
HRC/31/57 [accessed 01/11/16].
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