A/HRC/44/37
Protection of the Ministry of Justice, conducted an internal review of the management of
transgender inmates in selected prisons. Among other findings, they found that correctional
officers often lacked knowledge of transgender issues, resulting in increased stigma and
stereotyping of transgender inmates. A joint workshop for correction officials, held in 2018
by UNDP, the Inspire Project and the Department of Corrections of the Ministry of Justice,
addressed core issues related to sexual orientation, gender identity and expression and the
challenges faced by transgender prisoners. Following the workshop, UNDP supported the
Department of Corrections to develop a set of guidelines to improve the management of
transgender prisoners in Thailand.27
51.
In Paraguay, the strategic plan of the Ministry of Justice for the period 2017–2021
includes a focus on specific categories of detained persons in situations of vulnerability. As
part of the reform of the penitentiary system, the General Directorate for Human Rights of
the Ministry has initiated a process to review and develop new internal protocols. These
include protocols for the care of the elderly, foreign nationals, persons with disabilities,
indigenous persons and transgender persons deprived of their liberty. In addition, a
“penitentiary decongestion plan”, involving judicial hearings through videoconferencing and
rehabilitation and social reintegration programmes through the Directorate of Social Welfare
and Reintegration, supports these measures. 28
Deprivation of liberty of persons with disabilities
52.
Mandela Rules Nos. 2 and 5 provide that prisons must make adjustments to
accommodate prisoners with physical, mental or other disabilities, in order to ensure access
to services and programmes on an equitable basis.
53.
In 2017 the Committee on the Rights of Persons with Disabilities, produced guidelines
on the right to liberty and security of persons with disabilities, providing States with
additional guidance. In the guidelines, the Committee reaffirmed the absolute prohibition of
detention on the basis of impairment, emphasizing that all persons with disabilities deprived
of their liberty are entitled to procedural and substantive guarantees on an equal basis with
others, including conditions of accessibility and reasonable accommodation (A/72/55, annex).
54.
Following advocacy from OHCHR Cambodia, the Policy Academy included a
module on the Convention on the Rights of Persons with Disabilities in the four-month initial
training it provides to newly recruited prison staff, benefiting 289 new prison staff across all
28 prisons.
E.
Training, awareness-raising and research
55.
Rules 75 and 76 of the Mandela Rules include provisions on education and training,
including in-service training that should reflect evidence-based best practice and the
employment of specialist staff.29 Rules 29–35 of the Bangkok Rules supplement the Mandela
Rules, addressing the training staff should receive on the gender-specific needs and human
rights of women prisoners. The Bangkok Rules also require that staff employed in women’s
prisons receive training on specific health-care issues, including the developmental and
health-care needs of children. Bangkok Rule No. 70 (4) addresses the need to sensitize and
train criminal justice officials on the Bangkok Rules to ensure that criminal justice responses
to women take account of their gender-specific needs and the best interests of their children. 30
56.
In Tajikistan, UNODC, together with Penal Reform International, launched a platform
for practitioners and experts to discuss penal practices and policies. UNODC also provided
support to the development of a training curriculum for prison officers that was endorsed by
the Ministry of Justice. The curriculum includes lessons learned on gender-responsive noncustodial measures and post-release rehabilitation and reintegration services for women
prisoners. Furthermore, in 2019 UNODC launched a practice-oriented e-learning course on
27
28
29
30
See UNDP Thailand, “The lives of transgender people in Thai prisons”, 16 May 2019.
See contribution from Paraguay (unofficial translation).
Organization for Security and Cooperation in Europe, Office for Democratic Institutions and Human
Rights, and Penal Reform International, Guidance Document on the Nelson Mandela Rules, (2018).
Penal Reform International and the Thailand Institute of Justice, Guidance Document on the Bangkok
Rules (2013) pp. 109–112.
11
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