A/HRC/44/37 Research 69. Bangkok Rules Nos. 67 and 68 encourage research to ensure that criminal justice strategies and policies respond to the complex reasons that lead women to end up in the criminal justice system. The Rules explicitly encourage research on why women offend and the characteristics and impact of imprisonment on them (see A/HRC/31/57). 34 Given the long-term impact of prison on mothers and children and the consequences for early childhood development, the Rules highlight the critical need to undertake research on children whose mothers are imprisoned. 70. Penal Reform International has undertaken extensive research on women in the criminal justice system in order to improve evidence-based policy and practice. That includes research in Armenia, Georgia, Jordan, Kazakhstan, Kyrgyzstan, Tunisia and Uganda addressing the characteristics of women offenders in those countries and providing key recommendations for Governments in implementing the Bangkok Rules. 71. In 2016, the law firm Linklaters produced a study for Penal Reform International in which it examined how women who have killed their abusers following prolonged domestic abuse are treated in law and before the courts. Research was conducted in Australia, Brazil, India, Japan, Mexico, Poland, Spain and the United States of America, as well as Hong Kong, China.35 A further study on the sentencing of women for drug-related offences across 18 jurisdictions is forthcoming. III. Conclusion 72. The examples in the present report highlight experiences where the provision of technical cooperation and advisory services has supported the efforts of States in implementing the Bangkok and Mandela Rules. 73. As highlighted by these examples, a common element in the protection of all persons deprived of their liberty is ensuring the implementation of human rights standards at the national level. While the present report includes positive examples of State actions, significant gaps remain. 74. During the finalization of the present report, concerns regarding the spread of COVID-19 in prisons was raised by the High Commissioner for Human Rights, who urged Governments to reduce overcrowding in prisons and other closed facilities in order to prevent the spread of the COVID-19 infection. 75. While many Governments aimed to reduce prison populations amid the COVID19 pandemic, there is a longer-term need to address the global issue of overcrowding and overincarceration. In addition, there is a need for country-specific research on the barriers to the full implementation of alternatives to detention, including genderspecific options, supported by the financial, institutional and human resources needed to implement them (see A/HRC/30/19 and A/HRC/31/57). 76. Furthermore, while the Bangkok Rules address a critical gap in gender-sensitive criminal justice systems, the global female prison population continues to rise. Further country-specific research is needed to explain why women are increasingly imprisoned, their pathways to offending, the barriers they face in accessing justice and their rights as suspects, defendants and convicted prisoners. 77. While the effective management of prisons requires adequate resources, many of the Bangkok and Mandela Rules do not require additional resources for their implementation. As highlighted by the technical cooperation examples provided in the present report, commitment to the revision of laws and policies and ensuring adequate capacity, staffing and training can have a positive impact on implementation of the Rules and the protection of persons deprived of their liberty. 34 35 14 See also Penal Reform International, “Popular as a victim, forgotten as a defendant”, 18 February 2012. Linklaters LLP and Penal Reform International, Women Who Kill in Response to Domestic Violence: How Do Criminal Justice Systems Respond? (2016).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents