In some cases, the literature remains very vague about which approaches are indeed good practices, free of risks or fully effective. In that sense, the ideal combination of policies and practices for each jurisdiction or country would actually be the result of negotiation or discussion between relevant stakeholders and of course, informed by evidence.65 However, she explained that without making an explicit reference to Sexual Orientation and Gender Identity (SOGI) groups, the mere existence of the principle of nondiscrimination is sufficient to ensure that different categories of different groups of individuals will (while never thought of when the guidelines of the rules were drafted) within due course would be given consideration and their unique needs and challenges be addressed. III. Dato’ Narander Singh stated that Mandela Rules basically speaks about the management of prisoners in the prison setting. He raised the question about the capacity of prisons as everyone knows that prison officers need special skills and the job itself is a very demanding one. However, prison staffs are poorly paid, undertrained and experience high level of injuries or illnesses as they are exposed to contagious diseases, violence, and stress in workplace. Any rules that govern or ensure that prison staffs are well taken care in prisons? Mr. Tanaka in his response said that the burden of prison staffs during COVID-19 pandemic is increasing and the number of staffs resigning from their posts is growing tremendously. Therefore, prison staffs are the most important element of prison system since they are in constant contact with prisoners. Further, prison staffs play the role in maintaining the safety and security in the prison. According to Mr. Tanaka, there are conditions to be fulfilled in order for the prison staffs to carry out their tasks in a professional manner and in line with the international minimum standards. Mandela Rules highlighted that personnel in prisons needs to have the environment which favours professionalism and respect for their dignity. This includes adequate resources and rights such as salary and full-time basis appointment. The prison personnel need to be equipped with upgraded knowledge, attitude, and skills to meet the expectations and standards of conduct set forth by Mandela Rules. Further, Bangkok Rules stipulate that all staffs assigned to work with women prisoners shall receive training relating to gender specific needs and human rights of women prisoners. Overall, Mr. Tanaka agrees that rules and standards should work for both prisoners and prison staffs. 65 It would definitely require engagement with individuals representing the community, a consideration of the available division of resources to address some of the unique challenges and needs that people from transgender community require. Besides that, there are a lot of countries having the British colonial legacy where most do not recognise the third gender, whereby the justification for non-recognition of the third gender are contained in law. 34

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