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Council of Europe - European NPM Project Thematic Workshop, Baku 20/21 October 2011 The Bangkok Rules as a framework for the monitoring role of NPMs. Andrea Huber, Policy Director Penal Reform International. www.penalreform.org. Bangkok Rules.

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penalreform

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  1. Council of Europe - European NPM Project Thematic Workshop, Baku 20/21 October 2011 The Bangkok Rules as a framework for the monitoring role of NPMs Andrea Huber, Policy Director Penal Reform International www.penalreform.org

  2. Bangkok Rules Gap to meet needs of women in criminal justice system Leading role of the Thai Government 21 December 2010 - Resolution A/RES/65/229 UN General Assembly adopted the UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (‘Bangkok Rules’) Supplement UN SMR for the Treatment of Prisoners and UN SMR for Non- custodial Measures (‘Tokyo Rules’) www.penalreform.org

  3. Bangkok Rules • Content: • Institutional personnel & training • Admission, registration & individualisation • Healthcare provisions • Discipline, punishment & searches • Information, complaints & contact to the outside world • Special groups (pregnant/ breastfeeding/ with children, girls, foreign nationals, minorities) • Reintegration • Non-custodial measures • Research, planning and evaluation www.penalreform.org

  4. Bangkok Rules Non-discrimination (Rule 1): Providing for special needs of female prisoners does not constitute discrimination www.penalreform.org

  5. Institutional personnel • Capacity-building of staff: special needs of women (R 29) • Managerial commitment to prevent/ address gender-based discrimination ag. women staff (R 30) • Clear regulations on conduct of prison staff (protection from gender-based violence - R 31) • Equal access to training male/ female staff (R 32) www.penalreform.org

  6. Training • Training of staff (Rules 29 - 35): • Gender-specific needs & human rights of women prisoners (R 29, 33) • Main issues relating to women’s & children’s health (R 33) • Capacity-building on HIV/AIDS (prevention, treatment, care, support - R 34) • on gender sensitivity and prohibition of discrimination and sexual harrassment (R 32) • Detection of mental health-care needs, risk of self-harm and suicide (R 35) www.penalreform.org

  7. Admission & Registration • Admission (Rule 2): Special attention during admission - increased risk of self-harm and suicide • Access to legal advice & consular representatives • Information about prison rules and regulationsin a language they understand • Rule 3 (supplementing Rule 7 SMR): • Number +personal details of the children, names, ages,their location, custody or • guardianship status (if not accompanying • their mother) • Confidentiality of identity of children www.penalreform.org

  8. Medical screening on entry 1 • Rule 6: to determine/ risk assessment • Primary health-care needs • Sexually transmitted or blood-borne diseases; • Testing for HIV may also be offered (! consent !) • Mental health-care needs • Reproductive health history • Signs of torture or ill-treatment • Existence of drug dependency • Sexual abuse and other forms of violence • suffered prior to admission www.penalreform.org

  9. Principles of medical treatment • Hygiene (Rule 5) • Proper recording/ medical files (Rule 6) • Right to medical confidentiality (Rule 8) • Independence of medical care (Rule 6-8) • Only medical staff present during • examination (Rule 11) www.penalreform.org

  10. Gender-specific health care •  Gender-specific health-care services at least • equivalent to those available in the community (R 10) • Examination by female practitioner (or woman present) • HIV prevention, treatment and care (R 14) • Substance abuse treatment programmes (R 15) • Suicide and self-harm prevention (R 16) • Victims of violence against women (R10) • Preventive health-care, e. g. screening • for breast + gynaecological cancer (R 18) • Mental healthcare (R 12)

  11. Discipline & Punishment • Prohibition of close confinement for pregnant women, women with infants and breastfeeding mothers (R 22) • Disciplinary sanctions shall not include a prohibition of family contact, especially with children (R 23) • Instruments of restraint shall never be used on women during labour, during birth and immediately after birth (R 24) www.penalreform.org

  12. Searches • Rules 19 & 21 & WMA Statement on Body Searches: • Preserve respect and dignity • Demonstrate competence, professionalism and sensitivity • Only by women staff • Proper training • Appropriate searching methods • In accordance with established procedures • Replace strip and invasive body • searches by alternatives www.penalreform.org

  13. Planned PRI publications & activities • Guidance document • Index of compliance/ check-list • International conference • Pilot assessments of compliance • Trainings & Round-tables

  14. THANK YOU! www.penalreform.org

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