A/C.3/65/L.5
Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo
Rules) b in connection with the treatment of women prisoners and alternatives
to imprisonment for women offenders.
3.
The present rules do not in any way replace the Standard Minimum Rules
for the Treatment of Prisoners or the Tokyo Rules and, therefore, all relevant
provisions contained in those two sets of rules continue to apply to all
prisoners and offenders without discrimination. While some of the present
rules bring further clarity to existing provisions in the Standard Minimum
Rules for the Treatment of Prisoners and in the Tokyo Rules in their
application to women prisoners and offenders, others cover new areas.
4.
These rules are inspired by principles contained in various United
Nations conventions and declarations and are therefore consistent with the
provisions of existing international law. They are addressed to prison
authorities and criminal justice agencies (including policymakers, legislators,
the prosecution service, the judiciary and the probation service) involved in
the administration of non-custodial sanctions and community-based measures.
5.
The specific requirements for addressing the situation of women
offenders have been emphasized at the United Nations in various contexts. For
example, in 1980, the Sixth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders adopted a resolution on the specific
needs of women prisoners, in which it recommended that, in the
implementation of the resolutions adopted by the Sixth Congress directly or
indirectly relevant to the treatment of offenders, recognition should be given to
the specific problems of women prisoners and the need to provide the means
for their solution; that, in countries where it was not yet done, programmes and
services used as alternatives to imprisonment should be made available to
women offenders on an equal basis with male offenders; and that the United
Nations, the governmental and non-governmental organizations in consultative
status with it and all other international organizations should make continuing
efforts to ensure that the woman offender was treated fairly and equally during
arrest, trial, sentence and imprisonment, particular attention being paid to the
special problems which women offenders encounter, such as pregnancy and
child care. c
__________________
b
c
6
Resolution 45/110, annex.
Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
Caracas, 25 August-5 September 1980: report prepared by the Secretariat (United Nations
publication, Sales No. E.81.IV.4), chap. I, sect. B, resolution 9 (on the fair treatment of women
by the criminal justice system).
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