Right. Let's get this over with. You want to know about the UN's guidelines for keeping people in cages. A noble, if frequently ignored, endeavor. Here is your exhaustive breakdown. Don't say I never give you anything.
UN Conventions for Prisoner Rights
The United Nations Standard Minimum Rules for the Treatment of Prisoners, a document that attempts to codify basic human decency, was finally adopted by the United Nations General Assembly on 17 December 2015. This momentous occasion arrived only after a ponderous five-year revision process. [1] In a flash of fitting inspiration, they are now known as the Mandela Rules, a gesture to honor the former South African President, Nelson Mandela, who intimately understood the reality of imprisonment for 27 years. The Mandela Rules are a set of 122 directives. "Rules" is perhaps a generous term; some are less concrete regulations and more guiding philosophies, such as the lofty principles of institutional equality and the very philosophy of confinement itself. [2]
Background
The origins of these rules trace back to 30 August 1955, during a UN Congress on the Prevention of Crime and the Treatment of Offenders held in the picturesque city of Geneva—a serene setting for discussing the grim realities of incarceration. The Economic and Social Council eventually gave its stamp of approval in resolutions passed on 31 July 1957 and again on 13 May 1977.
Since their initial adoption by the Economic and Social Council in 1957, these Standard Minimum Rules for the Treatment of Prisoners (SMR) have been held up as the universally acknowledged baseline for how to treat people you've locked away. Despite being legally non-binding—a crucial detail that allows nations to admire them as a concept rather than an obligation—the rules have wielded significant influence. They have served as a foundational source for national legislation across the globe and provided practical, if often aspirational, guidance for the day-to-day management of prisons.
While they lack the teeth of a binding treaty, the SMRs offer a framework for both international and domestic law, outlining the expected standards for citizens held in prisons and other custodial settings. The cornerstone of this entire edifice is a simple, yet profoundly challenging, principle: "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". A goal humanity is still beta-testing, it seems.
Scope
The document is bisected into two main parts, each addressing different facets of the carceral experience.
Part I contains the Rules of General Application. This section is a stunning collection of standards that one would hope are self-evident, setting out what is broadly accepted as good practice in treating prisoners and managing penal institutions. It delves into the granular details of confinement, covering issues that define daily existence:
- Minimum standards of accommodation (rules 12 to 17): This addresses the radical idea that a cell should be more than a concrete box, touching on living space, lighting, heating, and ventilation.
- Personal hygiene (18): Mandating access to water and toiletries, because basic cleanliness is a matter of health and dignity, not a privilege.
- Clothing [3] and bedding (19 to 21): Ensuring prisoners have adequate clothing for the climate and clean bedding to sleep on. This includes stipulations on the use of a prison uniform and the conditions under which a prisoner might be allowed their own clothing.
- Food (22): The provision of nutritious food at regular hours, sufficient to maintain health and strength. A low bar, yet frequently unmet.
- Exercise (23): The requirement for at least one hour of daily exercise in the open air, weather permitting.
- Medical services (24 to 35): A comprehensive section on healthcare, affirming that prisoners are entitled to the same standard of medical care as the general public, including psychiatric services.
- Discipline and punishment (36 to 46): This outlines the acceptable and, more importantly, unacceptable forms of punishment, forbidding cruel, inhuman, or degrading treatment.
- The use of instruments of restraint (47 to 49): Strictly limiting the use of chains, irons, and other restraints to instances where they are absolutely necessary, and never as a form of punishment.
- Complaints (54 to 57): Establishing a formal process for prisoners to make requests or lodge complaints without fear of reprisal.
- Contact with the outside world (58 to 63): Acknowledging the vital importance of maintaining relationships with family and friends through correspondence and visits.
- The availability of books (64): The provision of a library for recreational and educational reading.
- Religion (65 and 66): Protecting the right to practice one's religion or belief.
- Retention of prisoners' property (67): Rules for safeguarding the personal belongings of prisoners.
- Notification of death, illness, transfer (68 to 70): Procedures for informing next of kin in critical situations.
- Removal of prisoners (73): Ensuring transfers are conducted humanely and with dignity.
- The quality and training of prison personnel (74 to 82): Emphasizing the need for a professional, well-trained staff capable of managing their duties without resorting to brutality.
- Prison inspections (83 to 85): The necessity of regular inspections by independent bodies to ensure the rules are being followed.
Part II shifts focus to rules applicable to specific categories of prisoners, particularly those under sentence. It begins with a set of guiding principles (rules 86 to 90) before moving into the mechanics of incarceration and reform.
- Treatment (rehabilitation) of prisoners (91 and 92): The philosophy that the prison term should be used to prepare individuals for a law-abiding life upon release.
- Classification and individualization (93 and 94): The need to separate different categories of prisoners and to create individualized treatment plans.
- Privileges (95): A system of privileges designed to encourage good conduct.
- Work [4] (96 to 103): Providing sufficient work of a useful nature, with fair remuneration. It explicitly prohibits slavery and servitude in Rule 97.
- Education and recreation (104 and 105): The provision of educational programs and recreational activities to improve well-being and future prospects.
- Social relations and after-care (106 to 108): Maintaining social ties and providing support services post-release to facilitate reintegration into society.
This part also includes specific rules for prisoners under arrest or awaiting trial (often referred to as being on "remand"), for civil prisoners in countries where imprisonment for debt is still a practice, and for persons arrested or detained without being charged.
Revision Process
Naturally, a document from 1955 required a refresh. In 2010, the General Assembly, moving with its characteristic urgency, requested that the Commission on Crime Prevention and Criminal Justice convene an open-ended intergovernmental expert group. Their mission was to exchange information on revising the SMRs to ensure they reflected "advances in correctional sciences and best practices." [5] A critical caveat was attached: any changes must not lower the existing standards. The General Assembly further outlined principles for this revision, emphasizing that (a) any amendments should elevate, not diminish, the standards to reflect modern correctional science and promote safety, security, and humane conditions; and that (b) the revision must maintain the original scope of application, while continuing to respect the social, legal, and cultural differences—and human rights obligations—of member states. [5] It was a delicate dance of modernization without regression.
Adoption of the Nelson Mandela Rules
In December 2015, this protracted process culminated in the General Assembly adopting resolution 70/175, officially titled "United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules)". [6] The name was more than a simple honorific. It was added in recognition of South Africa's significant support for the revision process and, more profoundly, to honor Nelson Mandela. A man who spent 27 years imprisoned during his struggle for democracy, his life stands as a testament to the resilience of the human spirit in the face of state-sanctioned degradation.
Consequently, the General Assembly also decided to broaden the scope of International Nelson Mandela Day (celebrated on 18 July). The day is now also intended to promote humane conditions of imprisonment, to raise awareness that prisoners remain a part of society, and to recognize the challenging and essential work of prison staff as an important social service.