The Bangkok Rules
8
15.
Section II contains rules applicable only to the special categories dealt with in each subsection.
Nevertheless, the rules under subsection A, applicable to prisoners under sentence, shall be equally
applicable to the category of prisoners dealt with in subsection B, provided they do not conflict
with the rules governing that category of women and are for their benefit.
16. Subsections A and B both provide additional rules for the treatment of juvenile female prisoners.
It is important to note, however, that separate strategies and policies in accordance with international
standards, in particular the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules),26 the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines),27 the United Nations Rules for the Protection of Juveniles
Deprived of Their Liberty28 and the Guidelines for Action on Children in the Criminal Justice
System,29 need to be designed for the treatment and rehabilitation of this category of prisoners, while
institutionalization shall be avoided to the maximum possible extent.
17.
Section III contains rules covering the application of non-custodial sanctions and measures for
women and juvenile female offenders, including on arrest and at the pretrial, sentencing and
post-sentencing stages of the criminal justice process.
18.
Section IV contains rules on research, planning, evaluation, public awareness-raising and sharing
of information, and is applicable to all categories of female offenders covered in these rules.
I.
Rules of general application
1.
Basic principle
[Supplements rule 6 of the Standard Minimum Rules for the Treatment of Prisoners] Rule 1
In order for the principle of non-discrimination embodied in rule 6 of the Standard Minimum Rules for the
Treatment of Prisoners to be put into practice, account shall be taken of the distinctive needs of women prisoners
in the application of the Rules. Providing for such needs in order to accomplish substantial gender equality shall
not be regarded as discriminatory.
2.
Admission
Rule 2
1.
Adequate attention shall be paid to the admission procedures for women and children, due to their
particular vulnerability at this time. Newly arrived women prisoners shall be provided with facilities
to contact their relatives; access to legal advice; information about prison rules and regulations,
the prison regime and where to seek help when in need in a language that they understand; and, in
the case of foreign nationals, access to consular representatives as well.
2.
Prior to or on admission, women with caretaking responsibilities for children shall be permitted
to make arrangements for those children, including the possibility of a reasonable suspension
of detention, taking into account the best interests of the children.
___________
Resolution 40/33, annex.
Resolution 45/112, annex.
28
Resolution 45/113, annex.
29
Economic and Social Council resolution 1997/30, annex.
26
27