The Bangkok Rules 25 Rule 2 (2) Most women who face detention or imprisonment are mothers36 and often primary carers of children. The sudden and often unexpected removal of the carer requires alternative care arrangements to be made in order to protect and provide for the children, taking into account their best interests in line with the provisions of the Convention on the Rights of the Child. The mother would also need to have access at this time to information and legal advice on alternative care arrangements and their long term implications. It is recognised that granting suspension of detention or sentence may not be possible in some jurisdictions, in which case, authorities are encouraged to use options such as home leave, immediately on detention to allow for the requisite arrangements in relation to caring responsibilities to be made. Rule 3 This information, gathered in accordance with the purpose of detention, as well as with consideration for the mother’s protection of privacy, will be valuable in assisting with contact between the mother and child living outside prison if required, as well as in gathering data about the parental status of women in prison, with a view to increasing knowledge about imprisoned mothers and improving the suitability and effectiveness of criminal justice responses to women offenders, while taking account of the best interests of their children. Mothers should receive information about the purposes for which this information is being collected and be encouraged to provide it, though many may have reasons for not wishing to disclose it, and their choice must be respected by the authorities. Rule 4 All prisoners should be allocated, as far as possible, close to their homes or places of social reintegration, in order to facilitate communication with their families, as well as agencies and services used to enhance their social rehabilitation, in order to put into practice of Rules 79 and 80 of SMR, which provide that special attention should be paid to the maintenance and improvement of relations between the prisoners and their families. These Rules state that from the beginning of a prisoner’s sentence, consideration should be given to his or her future after release. Prisoners should be encouraged and assisted to maintain or establish relations with agencies outside prison which may promote the best interests of his or her family and his own social rehabilitation. However, women are most often disadvantaged in their allocation, due to the small number of women’s prisons in most countries and therefore experience immense challenges in maintaining contact with their families. In accordance with this rule, prison authorities should, to the extent possible, introduce the means to ensure that women are allocated closer to home or places where they can be in communication with agencies which can assist with their social rehabilitation. Given women’s history with violence and exploitation, it should not be assumed that women’s former residence is a preferred or safe place for her to be released to (e.g. due to past abuse or expected future stigmatization) and her allocation close to services that will assist with social reintegration should therefore take account of this factor. Rule 5 Ready access to sanitary and washing facilities, safe disposal arrangements for blood-stained articles, as well as provision of hygiene items, such as sanitary towels/pads, are of particular importance. These should be available to women under conditions in which they do not need to be embarrassed asking for them (for example either dispensed by other women or, better yet, accessible whenever needed). The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) considers that the failure to provide such basic necessities can amount to degrading treatment.37 ___________ 36 37 UNODC Handbook for prison managers and policymakers on Women and Imprisonment (2008), pp.18-19. CPT Standards, 2006 Edition, Extract from the 10th General Report, CPT/Inf (2000) 13, para. 31.