The Bangkok Rules
38
Thus in general juveniles in pre-trial detention should be offered educational and vocational programmes
appropriate to their age, where possible. Juvenile female prisoners are likely to have even less access to
suitable educational and vocational training facilities than either adult women or juvenile male prisoners, due
to their small numbers. Any programmes provided for juveniles are likely to have been developed to address
the needs of boys.
The provision of appropriate education and vocational training programmes may be problematic for a variety
of reasons, including the shortness of pre-trial detention periods in some jurisdictions, but States should make
every effort to prevent a break particularly in the education of juveniles during this period, in line with Article
28, 1 (a) and (d) of the Convention on the Rights of the Child. In any case, pre-trial detention should be used
only in exceptional circumstances, in line with Rule 17 of the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty and the principles outlined in Convention on the Rights of the Child Article
40, 3 (b) and 4.
Juvenile female prisoners are unlikely to have access to gender sensitive health care or counselling for physical
or sexual abuse suffered prior to imprisonment. Pregnant girl prisoners comprise one of the most vulnerable
groups in prisons, due to the social stigmatization to which they may be subjected, their inexperience of dealing
with pregnancy and the lack of adequate facilities for pregnant juvenile female prisoners.
PART II
RULES APPLICABLE TO SPECIAL CATEGORIES
A.
PRISONERS UNDER SENTENCE
Rule 40-41
Rule 69 of SMR provides that, “…as soon as possible after admission and after a study of the personality
of each prisoner with a sentence of suitable length, a programme of treatment should be prepared for him in
the light of the knowledge obtained about his individual needs, his capacities and dispositions…” Rule 63
of the SMR emphasizes the need for a flexible system of classification, and underlines that the same level of
security does not need to apply to all prisoners in one institution. Also in line with the principle that the security
measures to which prisoners are subject should be the minimum necessary to achieve their secure custody, it
states that “...open institutions, by the very fact that they provide no physical security against escape but rely on
the self-discipline of the inmates, provide the conditions most favourable to rehabilitation for carefully selected
prisoners…”
However, once again, women are often discriminated against in the application of this principle, due to one or
a combination of a series of factors. Firstly, since the same classification instruments are used for women and
men in the vast majority of prisons worldwide, despite women’s different needs and circumstances, information
about a history of domestic violence, sexual abuse, and parental responsibility are areas in which screening is
lacking for women. As a result classification and screening procedures do not provide essential information about
the women, which may increase the probability of their placement in a higher security level than appropriate,
while reducing possibilities of providing suitable prisoner programmes matching individual needs. A further
problem is that “needs” are often assessed as risk factors during assessments, which can mean that prisoners
with mental disabilities may be seen as requiring a higher level of security, rather than the opposite. Such
misclassification affects women more so than men due to the higher level of mental health problems among
women offenders. High security levels are inappropriate for the housing of prisoners with mental disabilities
and will almost invariably further exacerbate existing mental health-care needs. Furthermore, due to the limited
accommodation available for women prisoners, in a number of countries they are housed in security levels not
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