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).
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