Endnotes
1 United Nations Standard Minimum Rules
for the Treatment of Prisoners (the Nelson
Mandela Rules), Rule 4.
2 ‘Rehabilitation and social reintegration
of prisoners’, United Nations Office
on Drugs and Crime, www.unodc.org/
dohadeclaration/en/topics/prisonerrehabilitation.html.
3 Roy Walmsley, Institute for Criminal Policy
Research, World Female Imprisonment List,
4th edition, 2017, p2. This data indicates
that the number of women and girls in
prison worldwide has increased by some
53 per cent since about 2000, with women
and girls making up 6.9 per cent of the
global prison population.
4 For example, see United Nations
Office on Drugs and Crime, Roadmap
for the Development of Prison-based
Rehabilitation Programmes, 2017, and
United Nations Office on Drugs and Crime,
Introductory Handbook on the Prevention
of Recidivism and the Social Reintegration
of Offenders, 2012.
5 Penal Reform International and the Thailand
Institute of Justice acknowledge that the
promising examples have been collected
using the data available and might not cover
all the practical aspects of implementing
these programmes.
6 Office of the United Nations High
Commissioner for Human Rights, The
International Covenant on Civil and Political
Rights (ICCPR), Article 10 (3).
7 The United Nations Standard Minimum
Rules for the Treatment of Prisoners (the
Nelson Mandela Rules), 2015.
8 The United Nations Standard Minimum
Rules for the Treatment of Prisoners
(the Nelson Mandela Rules), Rule 4.
9 The Nelson Mandela Rules and the Bangkok
Rules are ‘soft law’. They are not binding
on states but provide minimum standards
and guidance. The Nelson Mandela Rules
are often regarded by states as the primary
– if not only – source of standards relating
to treatment in detention, and are the
key framework used by monitoring and
inspection mechanisms in assessing the
treatment of prisoners.
10 For more information, see United Nations
Office on Drugs and Crime, The Doha
Declaration, 2015.
11 Mohammed H and Wan Mohamed WA,
‘Reducing Recidivism Rates through
Vocational Education and Training’,
Procedia – Social and Behavioral Sciences,
Vol 204, 2015, pp272–276.
12 For more information, see United Nations
Office on Drugs and Crime, The Doha
Declaration, 2015.
13 The three other components are
‘strengthening judicial integrity and
preventing corruption in the justice
system; preventing youth crime through
sports-based programmes and life skills
training; and supporting the integration of
crime prevention and the rule of law into
all levels of education’.
14 United Nations Office on Drugs and
Crime, Roadmap for the Development of
Prison-based Rehabilitation Programmes,
2017, and United Nations Office on Drugs
and Crime, Introductory Handbook on the
Prevention of Recidivism and the Social
Reintegration of Offenders, 2018.
50 |
15 For example, see GHK, Survey on Prison
Education and Training in Europe, July 2012.
16 For example, a 2005 study of Nordic prison
education found that it was particularly
difficult for pre-trial prisoners to concentrate
on learning given their uncertain status.
Nordic Council of Ministers, Nordic Prison
Education: A lifelong learning perspective,
Copenhagen, 2005, p58.
17 Sampson R and Laub J, Crime in
the Making: Pathways and Turning
Points through Life, Cambridge, MA:
Harvard University Press, 1993, cited
in Maruna S and Immarigeon R (eds),
After Crime and Punishment: Pathways
to offender reintegration, Devon, UK,
2004, p15.
18 For example, see GHK, Survey on Prison
Education and Training in Europe, July 2012.
19 Lifelong Learning, Access of adults to
formal and non-formal adult education –
policies and priorities. The case of Slovenia,
2010, p70.
20 Boyadjieva P, Milenkova V, Gornev G,
Petkova K and Nenkova D, The Role of
Bulgarian Educational Institutions for
Promotion of Access of Adults to Formal
Education, Institute of Sociology – Bulgarian
Academy of Sciences, 2009, p22.
21 Open Society Justice Initiative, Presumption
of guilt: The Global Overuse of Pre-trial
Detention, 2014, Executive Summary.
22 For example, see HM Inspectorate of
Prisons for England and Wales, Unjust
Deserts: A Thematic Review by HM Chief
Inspector of Prisons of the Treatment and
Conditions for Unsentenced Prisoners in
England and Wales, London, 2000.
23 United Nations Human Rights Council,
Report of the Special Rapporteur on torture
and other cruel, inhuman or degrading
treatment or punishment, Mission to Nigeria,
4–10 March 2007, 22 November 2007,
A/HRC/7/3/Add.4.
24 The United Nations Standard Minimum
Rules for the Treatment of Prisoners
(the Nelson Mandela Rules), Rule 116.
25 Report of the Special Rapporteur on the
right to education, The right to education
of persons in detention, 2009, A/HRC/11/8,
para. 51.
26 For example, in a survey of women
prisoners in Kazakhstan, 41 per cent had
committed theft and property offences and
28 per cent were in prison for drug-related
offences. Penal Reform International, Who
are women prisoners? Survey results from
Kazakhstan and Kyrgyzstan, 2014. Similarly,
a 2012 study of female offenders in South
Africa found that 55 per cent of the women
interviewed became involved in criminal
activity due to financial pressure.
27 United Nations Office on Drugs and Crime,
Afghanistan: female prisoners and their
social reintegration, March 2007, p65.
28 Jeffries S and Chontit C, ‘Vulnerabilities,
victimisation, romance and indulgence: Thai
women’s pathways to prison in Cambodia
for international cross border drug
trafficking’, International Journal of Law –
Crime and Justice, Vol 56, 2019, pp39–52.
29 Gender, Health and Justice Research Unit,
University of Cape Town, Policy brief –
Women in Prison: Work, Education and
Vocational Training, Women’s Pathways
to Prison project, 2012, p1.
30 Moldoshev A, Violence against Women
in Kyrgyzstan: Baseline Assessment, United
Nations Population Fund, p8, quoted
in the report of the Special Rapporteur
on violence against women, its causes
and consequences, on her mission
to Kyrgyzstan, 9–16 November 2009,
A/HRC/14/22/Add.2, para. 26
31 For example, in a survey of women
prisoners in Kazakhstan, 41 per cent had
committed theft and property offences and
28 per cent were in prison for drug-related
offences. Penal Reform International, Who
are women prisoners? Survey results from
Kazakhstan and Kyrgyzstan, 2014. Similarly,
a 2012 study of female offenders in South
Africa found that 55 per cent of the women
interviewed became involved in criminal
activity due to financial pressure.
32 Richie B, Compelled to Crime: The Gender
Entrapment of Battered Black Women,
Routledge, 1996, pp127–131.
33 Agren D, ‘Female felons swell ranks among
Mexican criminals’, USA Today, 2 December
2010, usatoday30.usatoday.com/news/
world/2010-12-02-mexicocartels02_
ST_N.htm.
34 Minnesota Advocates for Human Rights,
Domestic violence in Macedonia,
September 1998.
35 For example, amongst prisoners in England
and Wales, 33 per cent had been expelled
or permanently excluded from school and
47 per cent had no qualifications. Prison
Reform Trust, Bromley Briefings Prison
Factfile, Autumn 2018, p20.
36 Van den Bergh B, Gatherer A and Møller L,
‘Women’s health in prison: urgent need
for improvement in gender equity and
social justice’, Bulletin of the World Health
Organization, Vol 87, No 6, 2009.
37 Prison Reform Trust, Bromley Briefings
Prison Factfile, Autumn 2018.
38 For more information, see advocaidsl.org.
39 United Nations Office on Drugs and Crime,
Country Office Pakistan, Females Behind
Bars: Situation and Needs Assessment
in Female Prisons and Barracks, 2011,
Executive Summary.
40 Gender, Health and Justice Research Unit,
University of Cape Town, Policy brief –
Women in Prison: Work, Education and
Vocational Training, Women’s Pathways
to Prison project, 2012, p3.
41 GHK, Survey on Prison Education and
Training in Europe, July 2012.
42 For example, in a study of prisoner
education in Nordic countries, prisoners
were often unable to complete a course
during their prison term because their
sentence was too short. Nordic Council
of Ministers, Nordic Prison Education:
A lifelong learning perspective,
Copenhagen, 2005.
43 The German Federal Constitutional Court
has stated that prison institutions ‘have a
duty in the case of prisoners sentenced
to life imprisonment, to strive towards their
resocialization, to preserve their ability
to cope with life and to counteract the
negative effects of incarceration’. Decision
of the German Federal Constitutional Court
(BVerfG 21 June 1977).
Penal Reform International and Thailand Institute of Justice | Guide to the rehabilitation and social reintegration of women prisoners
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