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.
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