The United Nations Standard Minimum Rules for the Treatment of Prisoners 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]
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".
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.
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]
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.
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.
Solitary confinement is a form of imprisonment in which an incarcerated person lives in a single cell with little or no contact with other people. It is a punitive tool used within the prison system to discipline or separate incarcerated individuals who are considered to be security risks to other incarcerated individuals or prison staff, as well as those who violate facility rules or are deemed disruptive. However, it can also be used as protective custody for incarcerated individuals whose safety is threatened by other prisoners. This is employed to separate them from the general prison population and prevent injury or death.
The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Istanbul Protocol, is the first set of international guidelines for documentation of torture and its consequences. It became an official United Nations document in 1999; the most recent revision was in June 2022.
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The United Nations Standard Minimum Rules for the Administration of Juvenile Justice, often referred to as the Beijing Rules, is a resolution of the United Nations General Assembly regarding the treatment of juvenile prisoners and offenders in member nations.
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
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Nelson Mandela International Day is an annual international day in honour of Nelson Mandela, celebrated each year on 18 July, Mandela's birthday. The day was officially declared by the United Nations in November 2009, with the first UN Mandela Day held on 18 July 2010. However, other groups began celebrating Mandela Day on 18 July 2009.
The Universal Periodic Review (UPR) is a mechanism of the United Nations (UN) Human Rights Council (HRC) that emerged from the 2005 UN reform process. Commonly referred to as the UPR, it was established by General Assembly resolution 60/251 of 3 April 2006, the UPR periodically examines the human rights performance of all 193 UN Member States. It is intended to complement, not duplicate, the work of other human rights mechanisms, including the UN human rights treaty bodies. This is the first international human rights mechanism to address all countries and all human rights. The Working Group on the UPR, which is composed of the HRC's 47 Member States and chaired by the HRC President, conducts country reviews.
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The Declaration of Principles on Equality reflects a moral and professional consensus among human rights and equality experts done in December 2008. It contains 27 principles that establish a new paradigm on equality, drawing on established and emerging principles of international law. It has been described by the High Court of Delhi as reflecting the ‘current international understanding of Principles on Equality.’
The European Prison Rules were drawn up by the Council of Europe. They are intended to provide legally non-binding standards on good principles and practices in the treatment of detainees and the management of detention facilities. They were most recently revised in 2020.
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The United Nations Congress on Crime Prevention and Criminal Justice is a United Nations (UN) sponsored congress on the topics of crime, crime prevention and criminal justice, held every five years. It is organized by the United Nations Office on Drugs and Crime (UNODC). Participants of the Congress include UN Member States and Observers, international organizations, non-governmental organization and individual experts.
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