UN Rules for the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders (the Bangkok Rules): A Gendered Critique

In 2010, the United Nations adopted the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the “Bangkok Rules”). This was a landmark step in adapting the 1955 Standard Minimum Rules for the Treatment of Prisoners to women offenders and prisoners, and was an important precursor for the revision of the 1955 rules themselves. As ‘soft law’, they are human rights principles that recognize that female prisoners have different needs from male prisoners. They take into account, among others, the presence of high levels of victimization among women prisoners and their greater propensity for self-harm and suicide; the special status of some women prisoners as mothers of children; the particular health and hygiene concerns of women; the stigma and discrimination facing women prisoners; the need for gender-responsive programs and activities for women in prison; and the particular needs of indigenous women prisoners and those from diverse religious and cultural backgrounds. They call for gender-responsive and gender-sensitive policies and programs in prison in a wide variety of areas: intake, classification, mental and physical healthcare, mothering in prison, searches, and the development of pre- and post-release programs that take into account the stigmatization and discrimination that women face upon release from prison, among others. We will explore the history and background of these rules, offer a critique, and discuss their implications for feminist criminological interventions related to women in prison around the world.