The Bangkok Rules
43
coordinate with social services in the community with respect to preparation for release and post-release
support. Prison authorities should try to ensure that any treatment undertaken for health problems, such as
substance abuse or mental health, is continued and/or monitored after release. Where probation services exist
they will have an important role to play in assisting in all these areas. It is particularly advisable to cooperate
with organizations of civil society providing support to minority groups and indigenous peoples to facilitate
culture and gender sensitive assistance to be provided to released women prisoners during the difficult period
of transition from prison to liberty.
B.
PRISONERS UNDER ARREST OR AWAITING TRIAL
Rule 56
Women under arrest or awaiting trial have specific safety requirements, due to their especially vulnerable status.
Women are at risk of abuse particularly during this period, when sexual abuse and other forms of violence may
be used, inter alia, as a means of coercion to extract confessions. Therefore it is vital that prison authorities
ensure that policies and rules aiming to safeguard prisoners against abuse are applied vigorously during
women’s pre-trial detention period.
PART III
NON-CUSTODIAL MEASURES
Rule 57-58
A considerable proportion of women offenders do not necessarily pose a risk to society and their imprisonment
may not help, but hinder their social reintegration. Many are in prison as a direct or indirect result of the
multiple layers of discrimination and deprivation, often experienced at the hands of their husbands or partners,
their family and the community.62 Accordingly, women offenders should be treated fairly in the criminal justice
system, taking into account their backgrounds and reasons that have led to the offence committed, as well as
receiving care, assistance and treatment in the community, to help them overcome the underlying factors leading
to criminal behaviour. By keeping women out of prison, where imprisonment is not necessary or justified,
their children may be saved from the enduring adverse effects of their mothers’ imprisonment, including their
possible institutionalization and own future incarceration.
Since a large proportion of women have mental health-care needs, are drug and/or alcohol dependent, suffer
from the trauma of domestic violence or sexual abuse, diverting them to a suitable gender appropriate treatment
programme would address their needs much more effectively than the harsh environment of prisons.63
___________
Recognising the discrimination faced by women in all spheres of life, the Convention on the Elimination of All Forms of
Discrimination against Women was adopted by the United Nations General Assembly on 18 December 1979, and entered into
force as an international treaty on 3 September 1981. In its preamble, the Convention explicitly acknowledges that “extensive
discrimination against women continues to exist”, and emphasizes that such discrimination “violates the principles of equality
of rights and respect for human dignity”. As defined in article 1, discrimination is understood as “any distinction, exclusion
or restriction made on the basis of sex...in the political, economic, social, cultural, civil or any other field”. The Convention
covers the elimination of discrimination against women in political, public, economic and social life, in access to education,
employment, healthcare, including provision for reproductive healthcare, among others, and gives positive affirmation to
the principle of equality by requiring States parties to take “all appropriate measures, including legislation, to ensure the full
development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights
and fundamental freedoms on a basis of equality with men” (Article 3).
63
Bloom B., Owen, B. Owen & S. Covington, Gender Responsive Strategies: Research Practice & Guiding Principles for
Female Offenders. National Institute of Justice, US Dept. of Justice, USA, 2003.
62
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