The Bangkok Rules
7
whether occurring in public or in private life, and urged States to review and, where appropriate,
revise, amend or abolish all laws, regulations, policies, practices and customs discriminating against
women or having a discriminatory impact on women, and ensure that provisions of multiple legal
systems, where they existed, complied with international human rights obligations, commitments
and principles, including the principle of non-discrimination; to take positive measures to address
structural causes of violence against women and to strengthen prevention efforts addressing
discriminatory practices and social norms, including with regard to women in need of special attention,
such as women in institutions or in detention; and to provide training and capacity-building on
gender equality and women’s rights for law enforcement personnel and the judiciary. The resolution
is an acknowledgement of the fact that violence against women has specific implications for women’s
contact with the criminal justice system, as well as their right to be free of victimization while
imprisoned. Physical and psychological safety is critical to ensuring human rights and improving
outcomes for women offenders, of which the present rules take account.
10.
Finally, in the Bangkok Declaration on Synergies and Responses: Strategic Alliances in Crime
Prevention and Criminal Justice, adopted by the Eleventh United Nations Congress on Crime
Prevention and Criminal Justice on 25 April 2005,25 Member States declared that they were committed
to the development and maintenance of fair and efficient criminal justice institutions, including the
humane treatment of all those in pretrial and correctional facilities, in accordance with applicable
international standards (para. 8); and they recommended that the Commission on Crime Prevention
and Criminal Justice should give consideration to reviewing the adequacy of standards and norms in
relation to prison management and prisoners (para. 30).
11.
As with the Standard Minimum Rules for the Treatment of Prisoners, in view of the great variety
of legal, social, economic and geographical conditions worldwide, it is evident that not all of the
following rules can be equally applied in all places and at all times. They should, however, serve to
stimulate a constant endeavour to overcome practical difficulties in how they are applied, in the
knowledge that they represent, as a whole, the global aspirations considered by the United Nations as
leading to the common goal of improving outcomes for women prisoners, their children and
their communities.
12.
Some of these rules address issues applicable to both men and women prisoners, including those
relating to parental responsibilities, some medical services, searching procedures and the
like, although the rules are mainly concerned with the needs of women and their children.
However, as the focus includes the children of imprisoned mothers, there is a need to recognize
the central role of both parents in the lives of children. Accordingly, some of these rules would
apply equally to male prisoners and offenders who are fathers.
Introduction
13.
The following rules do not in any way replace the Standard Minimum Rules for the Treatment
of Prisoners and the Tokyo Rules. Therefore, all provisions contained in those two sets of
rules continue to apply to all prisoners and offenders without discrimination.
14.
Section I of the present rules, covering the general management of institutions, is applicable to
all categories of women deprived of their liberty, including criminal or civil, untried or
convicted women prisoners, as well as women subject to “security measures” or corrective
measures ordered by a judge.
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25
Eleventh United Nations Congress on Crime Prevention and Criminal Justice (Bangkok, Thailand, 18-25 April 2005).