United Nations Rules for the Treatment of Women Prisoners

and Non-custodial Measures for Women Offenders

(The Bangkok Rules)

I. Rules of general application

1. Basic Principle
[Supplements Rule 6 of the Standard Minimum Rules for the Treatment of Prisoners]
Rule 1
In order for the principle of non-discrimination embodied in rule 6 of the Standard
Minimum Rules for the Treatment of Prisoners to be put into practice, account shall
be taken of the distinctive needs of women prisoners in the application of the Rules.
Providing for such needs in order to accomplish substantial gender equality shall not
be regarded as discriminatory.

2. Admission
Rule 2
1. Adequate attention shall be paid to the admission procedures for women and
children, due to their particular vulnerability at this time. Newly arrived women
prisoners shall be provided with facilities to contact their relatives; access to legal
advice; information about prison rules and regulations, the prison regime and where to
seek help when in need in a language that they understand; and, in the case of foreign
nationals, access to consular representatives, as well.

2. Prior to or on admission, women with caretaking responsibilities for children shall

be permitted to make arrangements for those children, including the possibility of a
reasonable suspension of detention, taking into account the best interests of the
children.

3. Register
[Supplements Rule 7 of the Standard Minimum Rules for the Treatment of Prisoners]
Rule 3
1. The number and personal details of the children of a woman being admitted to
prison shall be recorded at the time of admission. The records shall include, without
prejudicing the rights of the mother, at least the names of the children, their ages and,
if not accompanying the mother, their location and custody or guardianship status.
2. All information relating to the children’s identity shall be kept confidential, and the
use of such information shall always comply with the requirement to take into account
the best interests of the children

4. Allocation

Rule 4
Women prisoners shall be allocated, to the extent possible, to prisons close to their
home or place of social rehabilitation, taking account of their caretaking
responsibilities, as well as the individual woman’s preference and the availability of
appropriate programmes and services.

5. Personal Hygiene
[Supplements Rules 15 and 16 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 5
The accommodation of women prisoners shall have facilities and materials required to
meet women’s specific hygiene needs, including sanitary towels provided free of
charge and a regular supply of water to be made available for the personal care of
children and women, in particular women involved in cooking and those who are
pregnant, breastfeeding or menstruating.

6. Health-care Services
[Supplements Rules 22 to 26 of the Standard Minimum Rules for the Treatment of
Prisoners]

(A) Medical screening on entry

[Supplements Rule 24 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 6
The health screening of women prisoners shall include comprehensive screening to
determine primary health-care needs, and also shall determine:
(a) The presence of sexually transmitted diseases or blood-borne diseases; and,
depending on risk factors, women prisoners may also be offered testing for HIV, with
pre- and post-test counselling;
 (b) Mental health-care needs, including post-traumatic stress disorder and risk
of suicide and self-harm;
(c) The reproductive health history of the woman prisoner, including current
or recent pregnancies, childbirth and any related reproductive health issues;
(d) The existence of drug dependency;
(e) Sexual abuse and other forms of violence that may have been suffered
prior to admission.

Rule 7
1. If the existence of sexual abuse or other forms of violence before or during
detention is diagnosed, the woman prisoner shall be informed of her right to seek
recourse from judicial authorities. The woman prisoner should be fully informed of
the procedures and steps involved. If the woman prisoner agrees to take legal action,
appropriate staff shall be informed and immediately refer the case to the competent
authority for investigation. Prison authorities shall help such women to access legal
assistance.
2. Whether or not the woman chooses to take legal action, prison authorities shall
endeavour to ensure that she has immediate access to specialized psychological
support or counselling.
3. Specific measures shall be developed to avoid any form of retaliation against those
making such reports or taking legal action.

Rule 8
The right of women prisoners to medical confidentiality, including specifically the
right not to share information and not to undergo screening in relation to their
reproductive health history, shall be respected at all times.

Rule 9
If the woman prisoner is accompanied by a child, that child shall also undergo health
screening, preferably by a child health specialist, to determine any treatment and
medical needs. Suitable health care, at least equivalent to that in the community, shall
be provided.
(B) Gender-specific health care

Rule 10
1. Gender-specific health-care services at least equivalent to those available in the
community shall be provided to women prisoners.
2. If a woman prisoner requests that she be examined or treated by a woman physician
or nurse, a woman physician or nurse shall be made available, to the extent possible,
except for situations requiring urgent medical intervention. If a male medical
practitioner undertakes the examination contrary to the wishes of the woman prisoner,
a woman staff member shall be present during the examination.

Rule 11

1. Only medical staff shall be present during medical examinations unless the doctor
is of the view that exceptional circumstances exist or the doctor requests a member of
the prison staff to be present for security reasons or the woman prisoner specifically
requests the presence of a member of staff as indicated in rule 10, paragraph 2, above.
2. If it is necessary for non-medical prison staff to be present during medical
examinations, such staff should be women and examinations shall be carried out in a
manner that safeguards privacy, dignity and confidentiality.

(C) Mental health and care

Rule 12
Individualized, gender-sensitive, trauma-informed and comprehensive mental health
care and rehabilitation programmes shall be made available for women prisoners with
mental health-care needs in prison or in non-custodial settings.

Rule 13
Prison staff shall be made aware of times when women may feel particular distress, so
as to be sensitive to their situation and ensure that the women are provided
appropriate support.

(D) HIV prevention, treatment, care and support

Rule 14
In developing responses to HIV/AIDS in penal institutions, programmes and services
shall be responsive to the specific needs of women, including prevention of mother-
to-child transmission. In this context, prison authorities shall encourage and support
the development of initiatives on HIV prevention, treatment and care, such as peer-
based education.

(E) Substance abuse treatment programmes

Rule 15
Prison health services shall provide or facilitate specialized treatment programmes
designed for women substance abusers, taking into account prior victimization, the
special needs of pregnant women and women with children, as well as their diverse
cultural backgrounds.

(F) Suicide and self-harm prevention

Rule 16
Developing and implementing strategies, in consultation with mental health-care and
social welfare services, to prevent suicide and self-harm among women prisoners and
providing appropriate, gender-specific and specialized support to those at risk shall be
part of a comprehensive policy of mental health care in women’s prisons.

(G) Preventive health-care services

Rule 17
Women prisoners shall receive education and information about preventive health-
care measures, including on HIV, sexually transmitted diseases and other blood-borne
diseases, as well as gender-specific health conditions.

Rule 18
Preventive health-care measures of particular relevance to women, such as
Papanicolaou tests and screening for breast and gynaecological cancer, shall be
offered to women prisoners on an equal basis with women of the same age in the
community.

7. Safety and Security

[Supplements rules 27 to 36 of the Standard Minimum Rules for the Treatment of
Prisoners]
(A) Searches

Rule 19
Effective measures shall be taken to ensure that women prisoners’ dignity and respect
are protected during personal searches, which shall only be carried out by women
staff who have been properly trained in appropriate searching methods and in
accordance with established procedures.

Rule 20
Alternative screening methods, such as scans, shall be developed to replace strip
searches and invasive body searches, in order to avoid the harmful psychological and
possible physical impact of invasive body searches.

Rule 21
Prison staff shall demonstrate competence, professionalism and sensitivity and shall
preserve respect and dignity when searching both children in prison with their mother
and children visiting prisoners.

(B) Discipline and punishment

[Supplements Rules 27 to 32 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 22
Punishment by close confinement or disciplinary segregation shall not be applied to
pregnant women, women with infants and breastfeeding mothers in prison.

Rule 23
Disciplinary sanctions for women prisoners shall not include a prohibition of family
contact, especially with children.

(C) Instruments of restraint

[Supplements Rules 33 and 34 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 24
Instruments of restraint shall never be used on women during labour, during birth and
immediately after birth.
(D) Information to and complaints by prisoners; inspections
[Supplements Rules 35 and 36 and, with regard to inspection, rule 55 of the Standard
Minimum Rules for the Treatment of Prisoners]

Rule 25
1. Women prisoners who report abuse shall be provided immediate protection,
support and counselling, and their claims shall be investigated by competent and
independent authorities, with full respect for the principle of confidentiality.
Protection measures shall take into account specifically the risks of retaliation.
2. Women prisoners who have been subjected to sexual abuse, and especially those
who have become pregnant as a result, shall receive appropriate medical advice and
counselling and shall be provided with the requisite physical and mental health care,
support and legal aid.
3. In order to monitor the conditions of detention and treatment of women prisoners,
inspectorates, visiting or monitoring boards or supervisory bodies shall include
women members.

Contact with the outside world

[Supplements Rules 37 to 39 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 26

Women prisoners’ contact with their families, including their children, and their
children’s guardians and legal representatives shall be encouraged and facilitated by
all reasonable means. Where possible, measures shall be taken to counterbalance
disadvantages faced by women detained in institutions located far from their homes.

Rule 27
Where conjugal visits are allowed, women prisoners shall be able to exercise this right
on an equal basis with men.

Rule 28
Visits involving children shall take place in an environment that is conducive to a
positive visiting experience, including with regard to staff attitudes, and shall allow
open contact between mother and child. Visits involving extended contact with
children should be encouraged, where possible.

9. Institutional personnel and training

[Supplements Rules 46 to 55 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 29
Capacity-building for staff employed in women’s prisons shall enable them to address
the special social reintegration requirements of women prisoners and manage safe and
rehabilitative facilities. Capacity-building measures for women staff shall also include
access to senior positions with key responsibility for the development of policies and
strategies relating to the treatment and care of women prisoners.

Rule 30
There shall be a clear and sustained commitment at the managerial level in prison
administrations to prevent and address gender-based discrimination against women
staff.

Rule 31
Clear policies and regulations on the conduct of prison staff aimed at providing
maximum protection for women prisoners from any gender-based physical or verbal
violence, abuse and sexual harassment shall be developed and implemented.

Rule 32
Women prison staff shall receive equal access to training as male staff, and all staff
involved in the management of women’s prisons shall receive training on gender
sensitivity and prohibition of discrimination and sexual harassment.

Rule 33
1. All staff assigned to work with women prisoners shall receive training relating to
the gender-specific needs and human rights of women prisoners.
2. Basic training shall be provided for prison staff working in women’s prisons on the
main issues relating to women’s health, in addition to first aid and basic medicine.
3. Where children are allowed to stay with their mothers in prison,
awareness-raising on child development and basic training on the health care of
children shall also be provided to prison staff, in order for them to respond
appropriately in times of need and emergencies.
Rule 34
Capacity-building programmes on HIV shall be included as part of the regular
training curricula of prison staff. In addition to HIV/AIDS prevention, treatment, care
and support, issues such as gender and human rights, with a particular focus on their
link to HIV, stigma and discrimination, shall also be part of the curriculum.

Rule 35
Prison staff shall be trained to detect mental health-care needs and risk of self-harm
and suicide among women prisoners and to offer assistance by providing support and
referring such cases to specialists.

10. Juvenile female prisoners

Rule 36
Prison authorities shall put in place measures to meet the protection needs of juvenile
female prisoners.

Rule 37
Juvenile female prisoners shall have equal access to education and vocational training
that are available to juvenile male prisoners.

Rule 38
Juvenile female prisoners shall have access to age- and gender-specific programmes
and services, such as counseling for sexual abuse or violence. They shall receive
education on women’s health care and have regular access to gynaecologists, similar
to adult female prisoners.

Rule 39
Pregnant juvenile female prisoners shall receive support and medical care equivalent
to that provided for adult female prisoners. Their health shall be monitored by a
medical specialist, taking account of the fact that they may be at greater risk of health
complications during pregnancy due to their age.
II. Rules applicable to special categories
A. Prisoners under sentence

1. Classification and individualization

[Supplements Rules 67 to 69 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 40
Prison administrators shall develop and implement classification methods addressing
the gender-specific needs and circumstances of women prisoners to ensure
appropriate and individualized planning and implementation towards those prisoners’
early rehabilitation, treatment and reintegration into society.
Rule 41
The gender-sensitive risk assessment and classification of prisoners shall:
(a) Take into account the generally lower risk posed by women prisoners to
others, as well as the particularly harmful effects that high-security measures and
increased levels of isolation can have on women prisoners;
(b) Enable essential information about women’s backgrounds, such as
violence they may have experienced, history of mental disability and substance abuse,
as well as parental and other caretaking responsibilities, to be taken into account in
the allocation and sentence planning process;
(c) Ensure that women’s sentence plans include rehabilitative programmes and
services that match their gender-specific needs;
(d) Ensure that those with mental health-care needs are housed in
accommodation which is not restrictive, and at the lowest possible security level, and
receive appropriate treatment, rather than being placed in higher security level
facilities solely due to their mental health problems.

2. Prison regime
[Supplements Rules 65, 66 and 70 to 81 of the Standard Minimum Rules for the
Treatment of Prisoners]

Rule 42
1. Women prisoners shall have access to a balanced and comprehensive
programme of activities which take account of gender-appropriate needs.
2. The regime of the prison shall be flexible enough to respond to the needs of
pregnant women, nursing mothers and women with children. Childcare facilities or
arrangements shall be provided in prisons in order to enable women prisoners to
participate in prison activities.
3. Particular efforts shall be made to provide appropriate programmes for pregnant
women, nursing mothers and women with children in prison.
4. Particular efforts shall be made to provide appropriate services for women
prisoners who have psychosocial support needs, especially those who have been
subjected to physical, mental or sexual abuse.

Social Relations and Aftercare

[Supplements Rules 79 to 81 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 43
Prison authorities shall encourage and, where possible, also facilitate visits to women
prisoners as an important prerequisite to ensuring their mental well-being and social
reintegration.

Rule 44

In view of women prisoners’ disproportionate experience of domestic violence, they

shall be properly consulted as to who, including which family members, is allowed to
visit them.

Rule 45

Prison authorities shall utilize options such as home leave, open prisons, halfway
houses and community-based programmes and services to the maximum possible
extent for women prisoners, to ease their transition from prison to liberty, to reduce
stigma and to re-establish their contact with their families at the earliest possible
stage.

Rule 46

Prison authorities, in cooperation with probation and/or social welfare services, local
community groups and non-governmental organizations, shall design and implement
comprehensive pre- and post-release reintegration programmes which take into
account the gender-specific needs of women.

Rule 47

Additional support following release shall be provided to released women prisoners

who need psychological, medical, legal and practical help to ensure their successful
social reintegration, in cooperation with services in the community.

Pregnant Women, breastfeeding mothers and mothers and mothers with

children in prison
[Supplements Rules 23 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 48
1. Pregnant or breastfeeding women prisoners shall receive advice on their health and
diet under a programme to be drawn up and monitored by a qualified health
practitioner. Adequate and timely food, a healthy environment and regular exercise
opportunities shall be provided free of charge for pregnant women, babies, children
and breastfeeding mothers.
2. Women prisoners shall not be discouraged from breastfeeding their children, unless
there are specific health reasons to do so.
3. The medical and nutritional needs of women prisoners who have recently given
birth, but whose babies are not with them in prison, shall be included in treatment
programmes.

Rule 49
Decisions to allow children to stay with their mothers in prison shall be based on the
best interests of the children. Children in prison with their mothers shall never be
treated as prisoners.

Rule 50
Women prisoners whose children are in prison with them shall be provided with the
maximum possible opportunities to spend time with their children.
Rule 51
1. Children living with their mothers in prison shall be provided with ongoing health-
care services and their development shall be monitored by specialists, in collaboration
with community health services.
2. The environment provided for such children’s upbringing shall be as close as
possible to that of a child outside prison.

Rule 52
1. Decisions as to when a child is to be separated from its mother shall be based on
individual assessments and the best interests of the child within the scope of relevant
national laws.
2. The removal of the child from prison shall be undertaken with sensitivity, only
when alternative care arrangements for the child have been identified and, in the case
of foreign-national prisoners, in consultation with consular officials.
3. After children are separated from their mothers and placed with family or relatives
or in other alternative care, women prisoners shall be given the maximum possible
opportunity and facilities to meet with their children, when it is in the best interests of
the children and when public safety is not compromised.

4. Foreign nationals

[Supplements Rule 38 of the Standard Minimum Rules for the Treatment of

Prisoners]

Rule 53
1. Where relevant bilateral or multilateral agreements are in place, the transfer of non-
resident foreign-national women prisoners to their home country, especially if they
have children in their home country, shall be considered as early as possible during
their imprisonment, following the application or informed consent of the woman
concerned.
2. Where a child living with a non-resident foreign-national woman prisoner is to be
removed from prison, consideration should be given to relocation of the child to its
home country, taking into account the best interests of the child and in consultation
with the mother.
5. Minorities and indigenous people

Rule 54
Prison authorities shall recognize that women prisoners from different religious and
cultural backgrounds have distinctive needs and may face multiple forms of
discrimination in their access to gender- and culture-relevant programmes and
services. Accordingly, prison authorities shall provide comprehensive programmes
and services that address these needs, in consultation with women prisoners
themselves and the relevant groups.

Rule 55
Pre- and post-release services shall be reviewed to ensure that they are appropriate
and accessible to indigenous women prisoners and to women prisoners from ethnic
and racial groups, in consultation with the relevant groups.

B. Prisoners under arrest or awaiting trial

[Supplements Rules 84 to 93 of the Standard Minimum Rules for the Treatment of
Prisoners]

Rule 56
The particular risk of abuse that women face in pretrial detention shall be recognized
by relevant authorities, which shall adopt appropriate measures in policies and
practice to guarantee such women’s safety at this time. (See also rule 58 below, with
regard to alternatives to pretrial detention)

III. Non-custodial Measures

Rule 57
The provisions of the Tokyo Rules shall guide the development and implementation
of appropriate responses to women offenders. Gender-specific options for
diversionary measures and pretrial and sentencing alternatives shall be developed
within Member States’ legal systems, taking account of the history of victimization of
many women offenders and their caretaking responsibilities.

Rule 58
Taking into account the provisions of rule 2.3 of the Tokyo Rules, women offenders
shall not be separated from their families and communities without due consideration
being given to their backgrounds and family ties. Alternative ways of managing
women who commit offences, such as diversionary measures and pretrial and
sentencing alternatives, shall be implemented wherever appropriate and possible.

Rule 59
Generally, non-custodial means of protection, for example in shelters managed by
independent bodies, non-governmental organizations or other community services,
shall be used to protect women who need such protection. Temporary measures
involving custody to protect a woman shall only be applied when necessary and
expressly requested by the woman concerned and shall in all cases be supervised by
judicial or other competent authorities. Such protective measures shall not be
continued against the will of the woman concerned.

Rule 60
Appropriate resources shall be made available to devise suitable alternatives for
women offenders in order to combine non-custodial measures with interventions to
address the most common problems leading to women’s contact with the criminal
justice system. These may include therapeutic courses and counseling for victims of
domestic violence and sexual abuse; suitable treatment for those with mental
disability; and educational and training programmes to improve employment
prospects. Such programmes shall take account of the need to provide care for
children and women-only services.

Rule 61
When sentencing women offenders, courts shall have the power to consider mitigating
factors such as lack of criminal history and relative non-severity and nature of the
criminal conduct, in the light of women’s caretaking responsibilities and typical
backgrounds.

Rule 62
The provision of gender-sensitive, trauma-informed, women-only substance abuse
treatment programmes in the community and women’s access to such treatment shall
be improved, for crime prevention as well as for diversion and alternative sentencing
purposes.
1. Post-sentencing dispositions

Rule 63
Decisions regarding early conditional release (parole) shall favourably take into
account women prisoners’ caretaking responsibilities, as well as their specific social
reintegration needs.

2. Pregnant women and women with dependent children

Rule 64
Non-custodial sentences for pregnant women and women with dependent children
shall be preferred where possible and appropriate, with custodial sentences being
considered when the offence is serious or violent or the woman represents a
continuing danger, and after taking into account the best interests of the child or
children, while ensuring that appropriate provision has been made for the care of such
children.

3. Juvenile female offenders

Rule 65
Institutionalization of children in conflict with the law shall be avoided to the
maximum extent possible. The gender-based vulnerability of juvenile female
offenders shall be taken into account in decision-making.

4. Foreign nationals

Rule 66
Maximum effort shall be made to ratify the United Nations Convention against
Transnational Organized Crime26 and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United
Nations Convention against Transnational Organized Crime 27 to fully implement
their provisions so as to provide maximum protection to victims of trafficking in order
to avoid secondary victimization of many foreign-national women.
IV. Research, planning, evaluation and public awareness-raising
1. Research, planning and evaluation

Rule 67
Efforts shall be made to organize and promote comprehensive, result-oriented
research on the offences committed by women, the reasons that trigger women’s
confrontation with the criminal justice system, the impact of secondary
criminalization and imprisonment on women, the characteristics of women offenders,
as well as programmes designed to reduce reoffending by women, as a basis for
effective planning, programme development and policy formulation to respond to the
social reintegration needs of women offenders.

Rule 68
Efforts shall be made to organize and promote research on the number of children
affected by their mothers’ confrontation with the criminal justice system, and
imprisonment in particular, and the impact of this on the children, in order to
contribute to policy formulation and programme development, taking into account the
best interests of the children.

Rule 69
Efforts shall be made to review, evaluate and make public periodically the trends,
problems and factors associated with offending behaviour in women and the
effectiveness in responding to the social reintegration needs of women offenders, as
well as their children, in order to reduce the stigmatization and negative impact of
those women’s confrontation with the criminal justice system on them.

2. Raising public awareness, sharing information and training

Rule 70
1. The media and the public shall be informed about the reasons that lead to women’s
entrapment in the criminal justice system and the most effective ways to respond to it,
in order to enable women’s social reintegration, taking into account the best interests
of their children.
2. Publication and dissemination of research and good practice examples shall form
comprehensive elements of policies that aim to improve the outcomes and the fairness
to women and their children of criminal justice responses to women offenders.
3. The media, the public and those with professional responsibility in matters
concerning women prisoners and offenders shall be provided regularly with factual
information about the matters covered in these rules and about their implementation.
4. Training programmes on the present rules and the results of research shall be
developed and implemented for relevant criminal justice officials to raise their
awareness and sensitize them to their provisions contained therein.

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