Whose standard of rules do we follow for the treatment and rehabilitation of prisoners?

The United Nations Standard Minimum Rules for the Treatment of Prisoners

The above standard is also known as the ‘Nelson Mandela Rules’ and is a landmark update of the Standard Minimum Rules for the Treatment of Prisoners first adopted in 1955 and the result of five years of negotiations among Intergovernmental Organizations (IGOs), including UNODC, civil society groups and independent experts and consultants.

Treatment of Women Prisoners and Non-custodial Measures for Women Offenders

The United Nations Rules for the treatment of women prisoners and offenders - commonly known as the Bangkok Rules - were adopted by the General Assembly of the United Nations on 21 December 2010.

Guiding Principles for Corrections in Australia

The Guiding Principles for Corrections in Australia constitute outcomes or goals to be achieved by correctional services, rather than a set of absolute standards or laws to be enforced.

The guidelines represent a statement of national intent, around which each Australian State and Territory jurisdiction must continue to develop its own range of relevant legislative, policy and performance standards that can be expected to be amended from time to time to reflect 'best practice' and community demands at the state and territory level.

Indigenous Strategic Framework

The Indigenous Strategic Framework guides the management of Indigenous prisoners and offenders in Corrections across Australia and New Zealand.

It was developed by the Corrective Services Administrators' Council (CSAC) Indigenous Issues Working Group and endorsed by the Corrective Services Ministerial Council (CSMC) in July 2016.

It should be used in conjunction with the above Guiding Principles for Corrections in Australia.

Correctional Management Standards for Prisons (Men and Women)

The Correctional Management Standards for Men’s Prisons in Victoria and the Standards for the Management of Women Prisoners in Victoria establish the minimum requirements for correctional services in Victorian prisons. The Standards provide a basis for ensuring accountability and a consistent level of service delivery across the system.

Correctional Management Standards for Community Correctional Services

The Correctional Management Standards for Community Correctional Services establish the minimum requirements for community corrections in Victoria. They serve as a benchmark against which the performance of the system can be monitored and thus provide the basis for ensuring accountability and a consistent level of service delivery across the system.

Correctional Management Standards for Women Serving Community Correctional Orders

The Correctional Management Standards for Women Serving Community Correctional Orders provide a reference point for staff and offer specific guidance to those staff working with women in a Community Correctional Service (CCS) environment.

They also ensure consistency in service delivery across Victoria’s CCS locations and provide a benchmark against which the system can be monitored.

These standards complement the Correctional Management Standards for CCS, which establish the minimum requirements for community corrections in Victoria.

Correctional Management Standards for the Post-Sentence Supervision and Detention of Serious Sex Offenders

The Correctional Management Standards for the Post-Sentence Supervision and Detention of Serious Sex Offenders establish the minimum requirements for the management of serious sex offenders on post-sentence orders in Victoria.

They support the organisational governance arrangements for this cohort by Corrections Victoria and align with the standards relevant to the prison system and Community Correctional Services, allowing for continuity and consistency in sex offender management across the whole of the correctional system.

Commissioner's Requirements set out high level requirements in respect of operational matters. They are issued when specificity is required to ensure consistency and/or continuity of correctional practice across the whole of the prison system, encompassing both publicly and privately managed prisons.

Sentence Management Manual

Provides guidance to all those who are involved in the sentence management functions. This includes assessment and classification, prisoner management and prisoner transfers. This manual ensures that staff conduct their duties consistently and in line with legal requirements and the principles enshrined in the Offender Management Framework.

  1. All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.
  2. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
  3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to which prisoners belong, whenever local conditions so require.
  4. The responsibility of prisons for the custody of prisoners and for the protection of society against crime shall be discharged in keeping with a State's other social objectives and its fundamental responsibilities for promoting the well-being and development of all members of society.
  5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in other United Nations covenants.
  6. All prisoners shall have the right to take part in cultural activities and education aimed at the full development of the human personality.
  7. Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken and encouraged.
  8. Conditions shall be created enabling prisoners to undertake meaningful remunerated employment which will facilitate their reintegration into the country's labour market and permit them to contribute to their own financial support and to that of their families.
  9. Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation.
  10. With the participation and help of the community and social institutions, and with due regard to the interests of victims, favourable conditions shall be created for the reintegration of the ex-prisoner into society under the best possible conditions.
  11. The above Principles shall be applied impartially.

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The "Mandela Rules"; UN conventions for prisoner rights

Whose standard of rules do we follow for the treatment and rehabilitation of prisoners?

Flag of the United Nations

The United Nations Standard Minimum Rules for the Treatment of Prisoners ("the Mandela Rules") were adopted by the United Nations General Assembly on 17 December 2015 after a five-year revision process.[1] They are known as the Mandela Rules in honor of the former South African President, Nelson Mandela. The Mandela Rules are composed of 122 "rules". Not all are rules, but some are principles such as institutional equality and the philosophy of confinement.[2]

Background

The rules were first adopted on 30 August 1955 during a UN Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva, and approved by the Economic and Social Council in resolutions of 31 July 1957 and 13 May 1977.

Since their adoption by the Economic and Social Council in 1957, the Standard Minimum Rules for the Treatment of Prisoners (SMR) have served as the universally acknowledged minimum standards for the treatment of prisoners. Despite their legally non-binding nature, the rules have been important worldwide as a source for relevant national legislation as well as of practical guidance for prison management.

Although not legally binding, the SMRs provide guidelines for international and domestic law for citizens held in prisons and other forms of custody. The basic principle described in the standard is that "There shall be no discrimination on grounds of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status".

Scope

Part I contains Rules of General Application. It contains standards which set out what is generally accepted as being good practices in the treatment of prisoners and the management of penal institutions. Specifically, it covers issues related to: minimum standards of accommodation (rules 12 to 17); personal hygiene (18); clothing[3] and bedding (19 to 21); food (22); exercise (23); medical services (24 to 35); discipline and punishment (36 to 46); the use of instruments of restraint (47 to 49); complaints (54 to 57); contact with the outside world (58 to 63); the availability of books (64); religion (65 and 66); retention of prisoners' property (67); notification of death, illness, transfer (68 to 70); removal of prisoners (73); the quality and training of prison personnel (74 to 82); and prison inspections (83 to 85).

Part II contains rules applicable to different categories of prisoners including those under sentence. It contains a number of guiding principles (rules 86 to 90); the treatment (rehabilitation) of prisoners (91 and 92); classification and individualization (93 and 94); privileges (95); work[4] (96 to 103); education and recreation (104 and 105); social relations and after-care (106 to 108). Part II also contains rules for prisoners under arrest or awaiting trial (generally referred to as "remand"), rules for civil prisoners (for countries where local law permits imprisonment for debt, or by order of a court for any other non-criminal process) and rules for persons arrested or detained without charge.

Revision process

The General Assembly, in 2010, requested that the Commission on Crime Prevention and Criminal Justice establish an open-ended intergovernmental expert group to exchange information on the revision of the SMRs so that they reflected advances in correctional sciences and best practices,[5] provided that any changes to the rules would not result in lowering existing standards. The General Assembly further highlighted a number of principles which should guide the continued revision process, including that (a) any changes to the SMR should not lower any of the existing standards, but should improve them so that they reflect advances in corrections science and good practices, so as to promote safety, security and humane conditions for prisoners; and that (b) the revision process should maintain the existing scope of application of the SMR for the treatment of prisoners, and continue to take into account the social, legal and cultural differences, as well as human rights obligations, of member states.[5]

Adoption of the Nelson Mandela Rules

Whose standard of rules do we follow for the treatment and rehabilitation of prisoners?

Nelson Mandela, 2008

In December 2015, the General Assembly adopted resolution 70/175 entitled "United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules)".[6] The reference was added not only in recognition of South Africa's major support to the revision process, but also to honor Nelson Mandela, who spent 27 years in prisons in the course of his struggle for democracy and the promotion of a culture of peace. Accordingly, the General Assembly also decided to extend the scope of International Nelson Mandela Day (18 July) to be also utilized in order to promote humane prison conditions of imprisonment, to raise awareness about prisoners being a contiguous subset of society, and to value the work of prison staff as a social service of importance.

See also

  • United Nations Standard Minimum Rules
  • Prisoner's rights

References

  1. ^ "United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules)" (PDF). United Nations General Assembly. 2015. Retrieved 21 December 2019.
  2. ^ McCrie, Robert; Clémot, Annabelle (September 2015). "The Mandela Rules: Will They Impact American Corrections?". Corrections Today. 77 (5): 44–48.
  3. ^ Including on condition of prison uniform and allowance to one's own clothing.
  4. ^ Slavery and servitude are prohibited by Rule 97
  5. ^ a b "UN General Assembly Resolution 65/230". United Nations. 21 December 2010. A/RES/65/230. Retrieved 21 March 2017.
  6. ^ "UN General Assembly Resolution 70/175". United Nations. A/RES/70/175. Retrieved 21 March 2017.

  • UN General Assembly adopts revised Rules
  • Standard Minimum Rules for the Treatment of Prisoners
  • Standard Minimum Rules for the Treatment of Prisoners (multilingal texts by Penal Reform International)

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== Background == The rules were first adopted on 30 August 1955 during a UN [[United Nations Congress on the Prevention of Crime and the Treatment of Offenders|Congress on the Prevention of Crime and the Treatment of Offenders]], held at [[Geneva]], and approved by the [[United Nations Economic and Social Council|Economic and Social Council]] in resolutions of 31 July 1957 and 13 May 1977. Since their adoption by the Economic and Social Council in 1957, the Standard Minimum Rules for the Treatment of Prisoners (SMR) have served as the universally acknowledged minimum standards for the treatment of prisoners. Despite their legally non-binding nature, the rules have been important worldwide as a [[soft law|source]] for relevant national legislation as well as of practical guidance for prison management. Although not legally binding, the SMRs provide guidelines for [[international law|international]] and [[domestic law]] for citizens held in [[prison]]s and other forms of custody. The basic principle described in the standard is that "There shall be no [[discrimination]] on grounds of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status".

Return to Standard Minimum Rules for the Treatment of Prisoners.

Retrieved from "https://en.wikipedia.org/wiki/Standard_Minimum_Rules_for_the_Treatment_of_Prisoners"