A/C.3/65/L.5
B.
Prisoners under arrest or awaiting trial
[Supplements rules 84-93 of the Standard Minimum Rules for the Treatment of
Prisoners]
Rule 56
The particular risk of abuse that women face in pretrial detention shall be
recognized by relevant authorities, which shall adopt appropriate measures in
policies and practice to guarantee such women’s safety at this time. (See also
rule 58 below, with regard to alternatives to pretrial detention.)
III. Non-custodial measures
Rule 57
The provisions of the Tokyo Rules shall guide the development and
implementation of appropriate responses to women offenders. Gender-specific
options for diversionary measures and pretrial and sentencing alternatives shall
be developed within Member States’ legal systems, taking account of the
history of victimization of many women offenders and their caretaking
responsibilities.
Rule 58
Taking into account the provisions of rule 2.3 of the Tokyo Rules, women
offenders shall not be separated from their families and communities without
due consideration being given to their backgrounds and family ties. Alternative
ways of managing women who commit offences, such as diversionary
measures and pretrial and sentencing alternatives, shall be implemented
wherever appropriate and possible.
Rule 59
Generally, non-custodial means of protection, for example in shelters
managed by independent bodies, non-governmental organizations or other
community services, shall be used to protect women who need such protection.
Temporary measures involving custody to protect a woman shall only be
applied when necessary and expressly requested by the woman concerned and
shall in all cases be supervised by judicial or other competent authorities. Such
protective measures shall not be continued against the will of the woman
concerned.
Rule 60
Appropriate resources shall be made available to devise suitable
alternatives for women offenders in order to combine non-custodial measures
with interventions to address the most common problems leading to women’s
contact with the criminal justice system. These may include therapeutic
courses and counselling for victims of domestic violence and sexual abuse;
suitable treatment for those with mental disability; and educational and
training programmes to improve employment prospects. Such programmes
shall take account of the need to provide care for children and women-only
services.
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