24 The Bangkok Rules PART I RULES OF GENERAL APPLICATION Rule 1 The principle of non-discrimination enshrined in Rule 6 of the SMR and the principle of individualization provided in Rule 63 (1) clearly imply that providing for the special needs of individuals is an essential element of putting into practice the principle of non-discrimination. Thus, taking action to eliminate discriminatory practice in the case of women prisoners requires taking account of special considerations, when applying SMR and these rules to women prisoners. This understanding is reflected in Principle 5 (2) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, which makes clear that special measures to address the particular needs of women prisoners and other special categories are not to be deemed discriminatory. It is also a reflection of Article 4, of the UN Convention on the Elimination of All Forms of Discrimination against Women. Rule 2 (1) Women, especially those who are illiterate, poor, those who have been violently victimized and who are the primary carers of their children and families, feel particularly vulnerable on first admission to prison. They are often unaware of their legal rights, are extremely distressed about what is happening to them and what impact that will have on their children. According to some studies prisoners are at heightened risk of self-harm and suicide during the initial period following admission to prison.33 Facilities where new prisoners can spend their first 48 hours to help with transition to prison life, which have been introduced in a number of prisons in the UK, for example, should be provided to all prisoners, but are particularly important in the case of women prisoners, who are especially vulnerable to mental distress, and particularly during their first days of imprisonment.34 The importance of a special reception area and procedures, which assists newly arrived prisoners to contact their families and to receive comprehensive information about the prison regime and where to seek help when in need, has been highlighted also by other literature, including WHO.35 Foreign nationals, especially if nonresident, feel particularly vulnerable at this time and should receive the additional assistance to which they are entitled. ___________ According to the US Department of Justice, National Institute of Corrections research, 50% of prison suicides occur in the first 24 hours and 27% occur during the first 3 hours (Hayes, Lindsay, M., Project Director, National Centre on Institutions and Alternatives, U.S. Department of Justice, National Institute of Corrections, Prison Suicide: An Overview and Guide to Prevention (1995)); research published by the Royal College of Psychiatrists (UK) found that 17% of suicides in UK occurred during the first week of imprisonment, 28.5% within a month, 51.2% within three months and 76.8% within a year (Dooley, E., Prison Suicide in England and Wales, British Journal of Psychiatry, Royal College of Psychiatrists (1990)); research carried out in Canada revealed that those in the initial phase of imprisonment show the highest rate of suicide (John Howard Society of Alberta, Prison and Jail Suicide (1990)); according to research carried out by the UK NGO, Howard League for Penal Reform, in the UK 50% of those who take their own lives in prison do so during the first month. They point out that first night centres which have been put in place in a number of prisons in the UK have helped ease transition from the outside to prison life. The Howard League for Penal Reform’s research shows that a dedicated wing, or unit, where all new prisoners spend their first 48 hours at the prison can prevent suicides. 34 The Howard League for Penal Reform, ‘Care, concern and carpets’: How women’s prisons can use first night in custody centres to reduce distress, (2006). 35 Møller, L., Stöver, H., Jürgens, R., Gatherer, A and Nikogosian, H. eds., Health in Prisons, A WHO guide to the essentials in prison health, The World Health Organisation Europe (2007), p. 142. 33