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The Bangkok Rules
2.
Where a child living with a non-resident foreign-national woman prisoner is to be removed from prison,
consideration should be given to relocation of the child to its home country, taking into account the
best interests of the child and in consultation with the mother.
5.
Minorities and indigenous peoples
Rule 54
Prison authorities shall recognize that women prisoners from different religious and cultural backgrounds have
distinctive needs and may face multiple forms of discrimination in their access to gender- and culture-relevant
programmes and services. Accordingly, prison authorities shall provide comprehensive programmes and
services that address these needs, in consultation with women prisoners themselves and the relevant groups.
Rule 55
Pre- and post-release services shall be reviewed to ensure that they are appropriate and accessible to indigenous
women prisoners and to women prisoners from ethnic and racial groups, in consultation with the relevant
groups.
B.
Prisoners under arrest or awaiting trial
[Supplements rules 84 to 93 of the Standard Minimum Rules for the Treatment of Prisoners]
Rule 56
The particular risk of abuse that women face in pretrial detention shall be recognized by relevant authorities,
which shall adopt appropriate measures in policies and practice to guarantee such women’s safety at this time.
(See also rule 58 below, with regard to alternatives to pretrial detention.)
III. Non-custodial measures
Rule 57
The provisions of the Tokyo Rules shall guide the development and implementation of appropriate responses
to women offenders. Gender-specific options for diversionary measures and pretrial and sentencing alternatives
shall be developed within Member States’ legal systems, taking account of the history of victimization of many
women offenders and their caretaking responsibilities.
Rule 58
Taking into account the provisions of rule 2.3 of the Tokyo Rules, women offenders shall not be separated from
their families and communities without due consideration being given to their backgrounds and family ties.
Alternative ways of managing women who commit offences, such as diversionary measures and pretrial and
sentencing alternatives, shall be implemented wherever appropriate and possible.
Rule 59
Generally, non-custodial means of protection, for example in shelters managed by independent bodies, nongovernmental organizations or other community services, shall be used to protect women who need such
protection. Temporary measures involving custody to protect a woman shall only be applied when necessary and
expressly requested by the woman concerned and shall in all cases be supervised by judicial or other competent
authorities. Such protective measures shall not be continued against the will of the woman concerned.
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