The Nelson Mandela Rules, officially known as the United Nations Standard Minimum Rules for the Treatment of Prisoners, are a set of 122 rules that outline the agreed minimum standards for the treatment of prisoners, whether they are pre-trial or convicted. Adopted by the UN General Assembly on December 17, 2015, the rules are a revision of the 1955 United Nations Standard Minimum Rules on the Treatment of Prisoners (SMR). They are named in honor of Nelson Mandela, the late President of South Africa, who spent 27 years in prison during his fight for global human rights, equality, democracy, and the promotion of peace.
The Nelson Mandela Rules address various aspects of prison management, including security, safety, and the use of technology. They emphasize the importance of treating all prisoners with respect and dignity, and prohibit torture and other forms of ill-treatment.
Key principles and focus areas within the Nelson Mandela Rules include:
1) Humane Treatment: Every prisoner should be treated with respect and dignity, with an absolute prohibition of torture, cruel, inhuman, or degrading treatment or punishment under any circumstances.
2) Non-Discrimination: The rules should be applied without discrimination based on race, color, gender, language, religion, political or other opinion, national or social origin, cultural identity, sexual orientation, or any other status. This includes protecting the rights of prisoners with special needs by adjusting the prison regime accordingly, ensuring prisoners with disabilities have meaningful access to prison life.
3) Prison Health Care: The provision of health care for prisoners is a state responsibility, with the relationship between health-care professionals and prisoners governed by the same ethical and professional standards as those applicable to patients in the community. Prison health-care services must evaluate and care for the physical and mental health of prisoners, including those with special needs.
4) Restrictions on Solitary Confinement: The rules place strict limitations on the use of solitary confinement, defining it clearly and restricting its use as a measure of last resort, only to be used in exceptional circumstances.
5) Protecting the Rights of Children with Imprisoned Parents: Several rules address the rights and needs of children with imprisoned parents, including the collection of information on children upon a prisoner's admission, special accommodations for prenatal and postnatal care in women's prisons, and the consideration of the best interests of the child when deciding whether to allow a child to stay with a parent in prison.
6) Disciplinary Measures: The rules prohibit the reduction of a prisoner’s food or water as a disciplinary measure, as well as the use of instruments of restraint that are inherently degrading or painful, such as chains or irons.
The United Nations Office on Drugs and Crime (UNODC) led the revision process, while the United Nations Office of the High Commissioner for Human Rights (OHCHR) ensured that the revised rules reflected international human rights standards. The Mandela Rules provide states with detailed guidelines for protecting the rights of persons deprived of their liberty, from pre-trial detainees to sentenced prisoners.
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