Any limitations to the access of (suspected) violent extremist prisoners, including pre-trial
397
398
399
detainees, to education, vocational training, and creative and recreational activities
should be based on individual risk and needs assessments. They should follow the same
set of principles that apply to all other prisoners. Women may have specific needs to
benefit from such activities and should have equal access to them as that of adult male
400
prisoners. Unfortunately, female prisoners often have limited access to rehabilitation
opportunities that cater to their particular backgrounds or rehabilitation needs, or that
401
involve women practitioners. The range of opportunities available to female prisoners
should be as broad and flexible as possible and counter gender stereotyping. Efforts
should also be undertaken to facilitate foreign nationals’ access to and participation in
these activities.
Children recruited by terrorist and violent extremist groups or perceived to be at risk of
radicalization to terrorism or violence in prison are particularly capable of rehabilitation,
so the importance of educational, vocational and recreational activities for juvenile
402
offenders cannot be overemphasized. Irrespective of the detention regime children are
placed in, the right to education for personal development is a fundamental human right
403
under international law. Specific disengagement programmes focused on children may
be able to better address their specific needs than programmes for adults. In some
OSCE participating States, there are programmes that are aimed at children arrested for
committing ideologically motivated acts of violence (including on political, social, religious
or other grounds), and these use a variety of methods, for example, deradicalization and
disengagement assistance, civic education, long-term group training and post-release
404
stabilization coaching.
The participation of pre-trial detainees charged with terrorism or violent extremism-related
offences in targeted programmes for disengagement from VERLT could be seen as contrary
397 UN Nelson Mandela Rules, op. cit., note 13, Rule 104-105; EPR, op. cit., note 123, Rules 28.1-28.7, 35;
IACHR, “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas”,
op. cit., note 123, Principles XIII.
398 UN Nelson Mandela Rules, ibid., Rules 96-103; UN Havana Rules, op. cit., note 86, Rules 18, 42-46; EPR,
op. cit., note 123, Rules 25.1, 27.3-27.7; IACHR, “Principles and Best Practices on the Protection of Persons
Deprived of Liberty in the Americas”, ibid., Principles XIII.
399 UN Nelson Mandela Rules, ibid., Rules 4 and 105; UN Havana Rules, ibid., note 86, Rule 47; EPR, ibid., note
123, Rules 28.1-28.7, 35; IACHR, “Principles and Best Practices on the Protection of Persons Deprived of
Liberty in the Americas”, ibid., Principles XIII.
400 UN Bangkok Rules, op. cit., note 79, Rule 37.
401 See 10 key principles for gender-sensitive rehabilitation programmes: PRI, The rehabilitation and social
reintegration of women prisoners, 2019, p. 2 and p, 48. See also Brown, “The Importance of Gender”,
op. cit., note 189: “Evidence suggests that women face a double burden on release — both for being a
terrorist offender and for being a woman offender — and therefore have additional gender specific barriers
to reintegration.”
402 PRI, “Children and Violent Extremism: , op. cit., note 84, p. 12. See UN Committee on the Rights of the
Child, “General Comment No. 24 (2019) on Children’s Rights in the Child Justice System”, op. cit., note
15, para. 95 and paras. 97-101.
403 See: UN Havana Rules, op. cit., note 86, no. 38.; UN Convention on the Rights of the Child, Article 28,
ICESR Article 13; Global Center on Cooperative Security and ICCT, “Correcting the Course: Advancing
Juvenile Justice Principles for Children Convicted of Violent Extremism Offenses”, op. cit., note 187, p. 29.
404 Violence Prevention Network, “Deradicalization in Prison”; also featured here: EU RAN, “Preventing
Radicalization to Terrorism and Violent Extremism: Approaches and Practices”, 2019, p. 196.
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