The Mandela Rules: New Standards for the Human Rights of Prisoners

Li Hailing

doi:doi:10.11648/j.ash.20180406.13

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The Mandela Rules: New Standards for the Human Rights of Prisoners

Li Hailing

Published in Advances in Sciences and Humanities (Volume 4, Issue 6)

Received: 2 December 2018 Accepted: 21 December 2018 Published: 18 January 2019

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Abstract

The Standard Minimum Rules for the Treatment of Prisoners were adopted in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Though they are not of legally binding nature, they have remained an important reference for criminal legislation and judicial reform in various countries in the past fifty years. Fifty years later, on October 7, 2015, the new Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules, were officially introduced, which revised the old Rules from nine aspects. The aim of the study is to provide accurate reference for countries to improve their domestic laws with reference to the changes in prisoners’ human rights standards reflected in the revised contents of the Standard Minimum Rules for the Treatment of Prisoners after fifty years. The method adopted in the study is the text analysis method and historical research method. The study analyzes their historical progress by comparing the content and different historical backgrounds of the two texts. Thus, it can be concluded that the revision of human rights standards in the new Standard Minimum Rules for the Treatment of Prisoners known as the Mandela Rules has been summarized into four aspects: the emphasis and protection of the basic human rights of prisoners, the new changes in the prisoners’ rights protection mechanism, the major changes in the status of prison medical personnel, and the prudent use of disciplinary sanctions against prisoners. All countries should pay attention to the changes in these four aspects and make reforms and improvements keeping pace with the Times in accordance with their own national conditions when revising their domestic laws.

Published in	Advances in Sciences and Humanities (Volume 4, Issue 6)
DOI	10.11648/j.ash.20180406.13
Page(s)	77-84
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2019. Published by Science Publishing Group

Keywords

Mandela Rules, Human Rights of Prisoners, Protection Mechanism, Medical Treatment, Disciplinary Sanctions

References

[1]	UN General Assembly, Standard Minimum Rules for the Treatment of Prisoners, adopted on August 30, 1955, by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, United Nations Publication, UN Doc. A/CONF/611, annex I, E. S. C. Res. 663C, 24 UN ESCOR Supp. (No. 1) at 11, UN Doc. E/3048 (1957), amended E. S. C. Res. 2076, 62 UN ESCOR Supp. (No. 1) at 35, UN Doc. E.5988 (1977). Available at: http://www1.umn.edu/humanrts/instree/g1smr.htm.
[2]	UN Economic and Social Council, ECOSOC Res. 663C(XXIV) (July 31, 1957) and ECOSOC Res. 2076(LXII) (May 13, 1977).
[3]	UN General Assembly, Basic Principles for the Treatment of Prisoners, United Nations Publication, Res. 45/111, December 14, 1990. Available at: http://www.ohchr.org/EN/ProfessionalInterest/Pages/BasicPrinciplesTreatmentOfPrisoners.aspx.
[4]	UN General Assembly, United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), United Nations Publication, Res. 45/110, annex, 45 UN GAOR Supp. (No. 49A) at 197, UN Doc. A/45/49 (1990). Available at: http://hrlibrary.umn.edu/instree/i6unsmr.htm.
[5]	UN General Assembly, Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, United Nations Publication, Res. 37/194, December 18, 1982. Available at: https://www.ohchr.org/en/professionalinterest/pages/medicalethics.aspx.
[6]	UN General Assembly, The New Standard Minimum Rules for the Treatment of Prisoners made by the United Nations were officially introduced. Available at: http://www.un.org/chinese/News/story.asp?NewsID=24870. Accessed on: October 8, 2015.
[7]	Andrew Coyle & Helen Fair, A Human Rights Approach to Prison Management: Handbook for Prison Staff, Institute for Criminal Policy Research, Birkbeck, University of London. ISBN: 978-0-907904-33-5, 2018. Available at: http://www.prisonstudies.org/sites/default/files/resources/downloads/handbook_3rd_ed_english_v5_web.pdf.
[8]	Si Shaohan, The Mandela Rules and the Development of China’s Prison Law---Comment on the Latest Revision of the United Nations Standard Minimum Rules for the Treatment of Prisoners, Research on Crime and Reform (Beijing), Issue 201511, 2015, pp.75-80.
[9]	International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly through General Assembly Resolution 2200A (XXI) of December 16, 1966, and entered into force on March 23, 1976 in accordance with Article 49, United Nations Publication.
[10]	International Covenant on Economic, Social and Cultural Rights, adopted and opened for signature, ratification and accession by General Assembly Resolution 2200A (XXI) of December 16 1966, and entered into force on January 3 1976 in accordance with Article 27, United Nations Publication.
[11]	United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, December 10, 1984, S. Treaty Doc. No. 100-200, 1465 U. N. T. S. 85 (1988).
[12]	UN Office of the High Commissioner for Human Rights (OHCHR), Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), 2004, HR/P/PT/8/Rev.1. Available at: https://www.refworld.org/docid/4638aca62.html. Accessed on: November 30, 2018.
[13]	UN General Assembly, United Nations Rules for the Protection of Juveniles Deprived of Their Liberty, United Nations Publication, Res. 45/113, UN Doc. A/RES/45/113, December 14, 1990. Available at: https://www.refworld.org/docid/3b00f18628.html. Accessed on: November 30, 2018.
[14]	UN General Assembly, Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), United Nations Publication, Res. 65/229, UN Doc. A/RES/65/229, March 16, 2011. Available at: http://www.un.org/en/ecosoc/docs/2010/res%202010-16.pdf.
[15]	Katrin Tiroch, Modernizing the Standard Minimum Rules for the Treatment of Prisoners: A Human Rights Perspective, Max Planck Yearbook of United Nations Law, Vol. 19, Issue 1, pp.278-304, May 30, 2016.
[16]	European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), 2nd General Report on the CPT’s Activities, CPT/Inf (92)3, April 13, 1992.
[17]	Sharon Critoph & Andrea Huber, Guidance Document on the Nelson Mandela Rules, OSCE Office for Democratic Institutions and Human Rights (ODIHR) and Penal Reform International (PRI), ISBN: 978-83-66089-14-3, 2018. Available at: https://cdn.penalreform.org/wp-content/uploads/2018/07/MR_Guidance_Doc.pdf.
[18]	Assessing Compliance with the Nelson Mandela Rules: A Checklist for Internal Inspection Mechanisms, United Nations Office on Drugs and Crime (UNODC), August 2017. Available at: https://www.unodc.org/documents/justice-and-prison-reform/17-04946_E_ebook_rev.pdf.
[19]	UN General Assembly, Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Interim Report of the Special Rapporteur on Torture, United Nations Publication, A/66/268, August 5, 2011.
[20]	Olivia Rope & Frances Sheahan, Global Prison Trends 2018, Penal Reform International (PRI), ISBN: 978-1-909521-60-5, May 2018. Available at: https://cdn.penalreform.org/wp-content/uploads/2018/04/PRI_Global-Prison-Trends-2018_EN_WEB.pdf.
[21]	Zhou Zhenjie, Introduction and Comment on Solitary Confinement, People’s Procuratorial Semimonthly, Issue 3, 2007, P.42.

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APA Style

Li Hailing. (2019). The Mandela Rules: New Standards for the Human Rights of Prisoners. Advances in Sciences and Humanities, 4(6), 77-84. https://doi.org/10.11648/j.ash.20180406.13

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ACS Style

Li Hailing. The Mandela Rules: New Standards for the Human Rights of Prisoners. Adv. Sci. Humanit. 2019, 4(6), 77-84. doi: 10.11648/j.ash.20180406.13

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AMA Style

Li Hailing. The Mandela Rules: New Standards for the Human Rights of Prisoners. Adv Sci Humanit. 2019;4(6):77-84. doi: 10.11648/j.ash.20180406.13

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@article{10.11648/j.ash.20180406.13,
  author = {Li Hailing},
  title = {The Mandela Rules: New Standards for the Human Rights of Prisoners},
  journal = {Advances in Sciences and Humanities},
  volume = {4},
  number = {6},
  pages = {77-84},
  doi = {10.11648/j.ash.20180406.13},
  url = {https://doi.org/10.11648/j.ash.20180406.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ash.20180406.13},
  abstract = {The Standard Minimum Rules for the Treatment of Prisoners were adopted in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Though they are not of legally binding nature, they have remained an important reference for criminal legislation and judicial reform in various countries in the past fifty years. Fifty years later, on October 7, 2015, the new Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules, were officially introduced, which revised the old Rules from nine aspects. The aim of the study is to provide accurate reference for countries to improve their domestic laws with reference to the changes in prisoners’ human rights standards reflected in the revised contents of the Standard Minimum Rules for the Treatment of Prisoners after fifty years. The method adopted in the study is the text analysis method and historical research method. The study analyzes their historical progress by comparing the content and different historical backgrounds of the two texts. Thus, it can be concluded that the revision of human rights standards in the new Standard Minimum Rules for the Treatment of Prisoners known as the Mandela Rules has been summarized into four aspects: the emphasis and protection of the basic human rights of prisoners, the new changes in the prisoners’ rights protection mechanism, the major changes in the status of prison medical personnel, and the prudent use of disciplinary sanctions against prisoners. All countries should pay attention to the changes in these four aspects and make reforms and improvements keeping pace with the Times in accordance with their own national conditions when revising their domestic laws.},
 year = {2019}
}

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TY  - JOUR
T1  - The Mandela Rules: New Standards for the Human Rights of Prisoners
AU  - Li Hailing
Y1  - 2019/01/18
PY  - 2019
N1  - https://doi.org/10.11648/j.ash.20180406.13
DO  - 10.11648/j.ash.20180406.13
T2  - Advances in Sciences and Humanities
JF  - Advances in Sciences and Humanities
JO  - Advances in Sciences and Humanities
SP  - 77
EP  - 84
PB  - Science Publishing Group
SN  - 2472-0984
UR  - https://doi.org/10.11648/j.ash.20180406.13
AB  - The Standard Minimum Rules for the Treatment of Prisoners were adopted in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Though they are not of legally binding nature, they have remained an important reference for criminal legislation and judicial reform in various countries in the past fifty years. Fifty years later, on October 7, 2015, the new Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules, were officially introduced, which revised the old Rules from nine aspects. The aim of the study is to provide accurate reference for countries to improve their domestic laws with reference to the changes in prisoners’ human rights standards reflected in the revised contents of the Standard Minimum Rules for the Treatment of Prisoners after fifty years. The method adopted in the study is the text analysis method and historical research method. The study analyzes their historical progress by comparing the content and different historical backgrounds of the two texts. Thus, it can be concluded that the revision of human rights standards in the new Standard Minimum Rules for the Treatment of Prisoners known as the Mandela Rules has been summarized into four aspects: the emphasis and protection of the basic human rights of prisoners, the new changes in the prisoners’ rights protection mechanism, the major changes in the status of prison medical personnel, and the prudent use of disciplinary sanctions against prisoners. All countries should pay attention to the changes in these four aspects and make reforms and improvements keeping pace with the Times in accordance with their own national conditions when revising their domestic laws.
VL  - 4
IS  - 6
ER  -

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Author Information

Li Hailing

Department of Public Prosecution, The People’s Procuratorate of Jiangbei District of Chongqing, Chongqing, China

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Plain Text BibTeX RIS

APA Style

Li Hailing. (2019). The Mandela Rules: New Standards for the Human Rights of Prisoners. Advances in Sciences and Humanities, 4(6), 77-84. https://doi.org/10.11648/j.ash.20180406.13

Copy | Download

ACS Style

Li Hailing. The Mandela Rules: New Standards for the Human Rights of Prisoners. Adv. Sci. Humanit. 2019, 4(6), 77-84. doi: 10.11648/j.ash.20180406.13

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AMA Style

Li Hailing. The Mandela Rules: New Standards for the Human Rights of Prisoners. Adv Sci Humanit. 2019;4(6):77-84. doi: 10.11648/j.ash.20180406.13

Copy | Download

@article{10.11648/j.ash.20180406.13,
  author = {Li Hailing},
  title = {The Mandela Rules: New Standards for the Human Rights of Prisoners},
  journal = {Advances in Sciences and Humanities},
  volume = {4},
  number = {6},
  pages = {77-84},
  doi = {10.11648/j.ash.20180406.13},
  url = {https://doi.org/10.11648/j.ash.20180406.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ash.20180406.13},
  abstract = {The Standard Minimum Rules for the Treatment of Prisoners were adopted in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Though they are not of legally binding nature, they have remained an important reference for criminal legislation and judicial reform in various countries in the past fifty years. Fifty years later, on October 7, 2015, the new Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules, were officially introduced, which revised the old Rules from nine aspects. The aim of the study is to provide accurate reference for countries to improve their domestic laws with reference to the changes in prisoners’ human rights standards reflected in the revised contents of the Standard Minimum Rules for the Treatment of Prisoners after fifty years. The method adopted in the study is the text analysis method and historical research method. The study analyzes their historical progress by comparing the content and different historical backgrounds of the two texts. Thus, it can be concluded that the revision of human rights standards in the new Standard Minimum Rules for the Treatment of Prisoners known as the Mandela Rules has been summarized into four aspects: the emphasis and protection of the basic human rights of prisoners, the new changes in the prisoners’ rights protection mechanism, the major changes in the status of prison medical personnel, and the prudent use of disciplinary sanctions against prisoners. All countries should pay attention to the changes in these four aspects and make reforms and improvements keeping pace with the Times in accordance with their own national conditions when revising their domestic laws.},
 year = {2019}
}

Copy | Download

TY  - JOUR
T1  - The Mandela Rules: New Standards for the Human Rights of Prisoners
AU  - Li Hailing
Y1  - 2019/01/18
PY  - 2019
N1  - https://doi.org/10.11648/j.ash.20180406.13
DO  - 10.11648/j.ash.20180406.13
T2  - Advances in Sciences and Humanities
JF  - Advances in Sciences and Humanities
JO  - Advances in Sciences and Humanities
SP  - 77
EP  - 84
PB  - Science Publishing Group
SN  - 2472-0984
UR  - https://doi.org/10.11648/j.ash.20180406.13
AB  - The Standard Minimum Rules for the Treatment of Prisoners were adopted in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Though they are not of legally binding nature, they have remained an important reference for criminal legislation and judicial reform in various countries in the past fifty years. Fifty years later, on October 7, 2015, the new Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules, were officially introduced, which revised the old Rules from nine aspects. The aim of the study is to provide accurate reference for countries to improve their domestic laws with reference to the changes in prisoners’ human rights standards reflected in the revised contents of the Standard Minimum Rules for the Treatment of Prisoners after fifty years. The method adopted in the study is the text analysis method and historical research method. The study analyzes their historical progress by comparing the content and different historical backgrounds of the two texts. Thus, it can be concluded that the revision of human rights standards in the new Standard Minimum Rules for the Treatment of Prisoners known as the Mandela Rules has been summarized into four aspects: the emphasis and protection of the basic human rights of prisoners, the new changes in the prisoners’ rights protection mechanism, the major changes in the status of prison medical personnel, and the prudent use of disciplinary sanctions against prisoners. All countries should pay attention to the changes in these four aspects and make reforms and improvements keeping pace with the Times in accordance with their own national conditions when revising their domestic laws.
VL  - 4
IS  - 6
ER  -

Copy | Download