7. Prisoners with special needs/vulnerable groups
The Rules of General Application in the SMRs also require the minimum standards of
treatment to be applied impartially and without discrimination on any grounds, and require
prison administrations to take into account the needs of vulnerable groups of prisoners.
Specific provisions to cater to the needs of vulnerable or special groups, such as foreign
nationals, women and children, and persons with physical or mental impairment are
highlighted in various rules.
The SMRs require information to be communicated to a prisoner in the language s/he
understands, for instance, in orientation programmes and disciplinary hearings, bearing in
mind the needs of foreign and ethnic minority prisoners.
Prisoners with mental illnesses are highlighted as a vulnerable group and their treatment is
subject to the prohibition on detaining persons with severe mental disabilities, whose
conditions would be exacerbated in prison. Psychiatric medical attention and counselling
must be provided for all prisoners in need of treatment, and those who must necessarily be
detained, are required to be provided specialized and supervised medical treatment. The use
of solitary confinement to punish persons suffering mental and physical disabilities is
prohibited.
Special rules for specific groups are highlighted in the document, indicating the requirement
to accommodate the varying needs of different groups. Separate rules exist for unconvicted
prisoners, who are to be presumed and treated as innocent, and not subject to the same
restrictions as convicted prisoners. Access to legal representation must be facilitated and
legal aid must be provided when they may not have the means to hire private lawyers.
8. Conclusion
The principles devised in this document set a minimum standard for state parties to adhere
to in the treatment of prisoners, as they are based on the premise that prisoners deserve
respect due to their inherent dignity and value as human beings. Prisoners are not to be
treated as inferior or underserving of human rights protection by virtue of the offence with
which they are charged. The general perception highlighted throughout the SMRs is that the
loss of liberty and right to self-determination is sufficient punishment and therefore, should
not be exacerbated by adverse living conditions and treatment. The principles reflect the
values embodied in the Universal Declaration of Human Rights, which affirm ‘the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice
and peace in the world’.
As stated by Nelson Mandela ‘no one truly knows a nation until one has been inside its jails.
A nation should not be judged by how it treats its highest citizens, but its lowest ones’. State
parties have the responsibility to promote social progress, tolerance and cohesion, bearing
in mind that the disenfranchisement of one group of the population will inevitably result in
the deterioration of the nation as a whole.
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