PURPOSE OF THIS GUIDE
Relevant international standards
International standards are clear that
prison systems should be rehabilitative and
should take into account the gender-specific
social reintegration requirements of female
prisoners. The International Covenant on
Civil and Political Rights, which is legally
binding on all States Parties, stipulates
that penitentiary systems ‘shall comprise
treatment of prisoners the essential aim of
which shall be their reformation and social
rehabilitation’.6
The Nelson Mandela Rules
The United Nations Standard Minimum Rules
for the Treatment of Prisoners (SMR) were
first approved in 1957 and revised in 2015.
The revised rules are known as the ‘Nelson
Mandela Rules’.7 The Rules reiterate that the
purpose of imprisonment is to protect society
against crime and to reduce recidivism, and
that prison administrations ‘should offer
education, vocational training and work,
as well as other forms of assistance that
are appropriate and available, including
those of a remedial, moral, spiritual, social
and health- and sports-based nature’. The
Rules also stipulate that all rehabilitation
programmes, activities and services ‘should
be delivered in line with the individual
treatment needs of prisoners’.8
Rule 92 of the Nelson Mandela Rules
makes it clear that the rehabilitation of
prisoners should include ‘all appropriate
means, including religious care in the
countries where this is possible, education,
vocational guidance and training, social
casework, employment counselling, physical
development and strengthening of moral
character, in accordance with the individual
needs of each prisoner, taking account of his
or her social and criminal history, physical
and mental capacities and aptitudes,
personal temperament, the length of his or
her sentence and prospects after release’.
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The Bangkok Rules
The United Nations Rules for the Treatment
of Women Prisoners and Non-custodial
Measures for Women Offenders (the
Bangkok Rules) were adopted by the
United Nations (UN) General Assembly on
21 December 2010. The Rules give guidance
to policymakers, legislators, sentencing
authorities and prison staff on how to reduce
the unnecessary imprisonment of women
and meet the specific needs of women who
are imprisoned, including in relation to their
successful rehabilitation.
Before the adoption of the Bangkok Rules,
international standards had not adequately
addressed the specific characteristics and
needs of women and girls in criminal justice
systems. The Rules were also the first
international instrument to address the needs
of children in prison with their parent. The
Bangkok Rules supplement both the Nelson
Mandela Rules and the United Nations
Standard Minimum Rules for Non-custodial
Measures (the Tokyo Rules), which were
adopted in 1990.
Rule 29 of the Bangkok Rules specifies that
staff should be trained to enable them ‘to
address the special social reintegration
requirements of women prisoners and
manage safe and rehabilitative facilities’.
Rule 40 of the Bangkok Rules requires
classification methods to be gender specific
‘to ensure appropriate and individualised
planning and implementation towards those
prisoners’ early rehabilitation, treatment and
reintegration into society’.9
Penal Reform International and Thailand Institute of Justice | Guide to the rehabilitation and social reintegration of women prisoners