36
The Bangkok Rules
Rule 28
This Rule takes account of mothers’ and their children’s emotional need for close physical contact and the
requirement for a child-friendly environment for children visiting their mothers, to reduce the trauma and
distress suffered by the children in these circumstances. Generally, open contact between mother and child
should be permitted, taking account of the best interest of the child. The conditions of visits are of utmost
importance, so that visits are experienced as a positive experience, rather then discouraging further contact.
Making an effort to enable imprisoned women to meet with their families in a friendly and comfortable
environment will have a significant impact on the number of visits they receive and the quality of those visits,
affecting the social reintegration prospects of women prisoners.
Rules 29-30
Recognising the vulnerability of women to sexual abuse, the SMR prohibit any involvement of male staff in
the attendance and supervision of women prisoners. These Rules are based on the premise provided by the
SMR that women staff will be employed to attend and supervise women prisoners, thus increasing safety and
enhancing the rehabilitative environment. Increasing the capacity, morale and job satisfaction of women staff
would enable them to perform their duties effectively, which impacts on the success of women prisoners’
social reintegration. Prison authorities should base their personnel and training policies on Article XV of the
Recommendation on the Selection and Training of Personnel for Penal and Correctional Institutions adopted by
the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders.58
Rule 31
Rule 54 of the SMR prohibits the use of force by prison staff, except in self-defence or in cases of attempted
escape, or active or passive physical resistance to an order based on law or regulations. It provides that officers
who have recourse to force must use no more than is strictly necessary and must report the incident immediately
to the director of the institution. Rule 31 adds further provisions relating to the use of force, taking into account
women’s gender specific needs of protection from varying forms of violence. For example, in some systems it
has been reported that sexual services by prisoners may be required before they are accorded their most basis
human rights, such as access to food and essential services. This Rule therefore explicitly prohibits sexual
misconduct and abuse, which can amount to torture or ill treatment. Obviously such a prohibition is all the more
vital in systems that have a policy of mixed gender staffing.
Rule 32
This Rule aims to ensure that women prison staff have equal opportunities to advance in their careers as
male staff, taking account of provisions of the Convention on the Elimination of all forms of Discrimination
against Women, Article 11, and with the aim of improving the gender sensitive supervision and treatment
of women prisoners. SMR prohibits the involvement of male staff in the supervision of women’s prisons.
Nevertheless, even when not directly employed in the supervision of women prisoners, male staff in senior
positions are involved in various aspects of the administration of women’s prisons. This rule aims to ensure
that such staff are trained in the principle of non-discrimination and are made aware of the total prohibition of
sexual harassment against women staff and prisoners. Obviously, in systems where mixed gender staffing is
used, the implementation of this rule becomes all the more important.
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58
See A/CONF.6/1.
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