The Bangkok Rules
6
adopted by the Sixth Congress directly or indirectly relevant to the treatment of
offenders, recognition should be given to the specific problems of women prisoners
and the need to provide the means for their solution; that, in countries where it was not yet
done, programmes and services used as alternatives to imprisonment should be made available to
women offenders on an equal basis with male offenders; and that the United Nations, the governmental
and non-governmental organizations in consultative status with it and all other international
organizations should make continuing efforts to ensure that the woman offender was treated fairly and
equally during arrest, trial, sentence and imprisonment, particular attention being paid to the special
problems which women offenders encounter, such as pregnancy and child care.
6.
The Seventh Congress, the Eighth Congress and the Ninth Congress also made specific
recommendations concerning women prisoners.22
7.
In the Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century,23
adopted by the Tenth Congress, Member States committed themselves to taking into account and
addressing, within the United Nations crime prevention and criminal justice programme, as well
as within national crime prevention and criminal justice strategies, any disparate impact of
programmes and policies on women and men (para. 11); and to the development of action-oriented
policy recommendations based on the special needs of women as prisoners and offenders (para. 12).
The plans of action for the implementation of the Vienna Declaration24 contain a separate section (sect.
XIII) devoted to specific recommended measures to follow up on the commitments undertaken
in paragraphs 11 and 12 of the Declaration, including that of States reviewing, evaluating and, if
necessary, modifying their legislation, policies, procedures and practices relating to criminal matters,
in a manner consistent with their legal systems, in order to ensure that women are treated fairly by the
criminal justice system.
8.
The General Assembly, in its resolution 58/183 of 22 December 2003 entitled “Human rights in
the administration of justice”, called for increased attention to be devoted to the issue of women in
prison, including the children of women in prison, with a view to identifying the key problems and
ways in which they could be addressed.
9.
In its resolution 61/143 of 19 December 2006 entitled “Intensification of efforts to eliminate all forms
of violence against women”, the General Assembly stressed that “violence against women”
meant any act of gender-based violence resulting in, or likely to result in, physical, sexual
or psychological harm or suffering to women, including arbitrary deprivation of liberty,
___________
Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Caracas, 25 August–5 September
1980: report prepared by the Secretariat (United Nations publication, Sales No. E.81.IV.4), chap. I, sect. B, resolution 9.
22
See Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milan, 26 August–6
September 1985: report prepared by the Secretariat (United Nations publication, Sales No. E.86.IV.1), chap. I, sect. E,
resolution 6 (on the fair treatment of women by the criminal justice system).
See Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 27 August–7
September 1990: report prepared by the Secretariat (United Nations publication, Sales No. E.91.IV.2), chap. I, sect. A.5
(Basic Principles for the Treatment of Prisoners (see also General Assembly resolution 45/111, annex)); and ibid., sect. C,
resolutions 17 (on pretrial detention), 19 (on the management of criminal justice and development of sentencing policies) and
21 (on international and interregional cooperation in prison management and community-based sanctions and other matters).
See A/CONF.169/16/Rev.1, chap. I, resolutions 1 (on recommendations on the four substantive topics of the Ninth United
Nations Congress on the Prevention of Crime and the Treatment of Offenders), 5 (on the practical implementation of the
Standard Minimum Rules for the Treatment of Prisoners) and 8 (on the elimination of violence against women).
23
See A/RES/55/59.
24
Ibid.