A/C.3/65/L.5
Rule 61
When sentencing women offenders, courts shall have the power to
consider mitigating factors such as lack of criminal history and relative
non-severity and nature of the criminal conduct, in the light of women’s
caretaking responsibilities and typical backgrounds.
Rule 62
The provision of gender-sensitive, trauma-informed, women-only
substance abuse treatment programmes in the community and women’s access
to such treatment shall be improved, for crime prevention as well as for
diversion and alternative sentencing purposes.
1.
Post-sentencing dispositions
Rule 63
Decisions regarding early conditional release (parole) shall favourably
take into account women prisoners’ caretaking responsibilities, as well as their
specific social reintegration needs.
2.
Pregnant women and women with dependent children
Rule 64
Non-custodial sentences for pregnant women and women with dependent
children shall be preferred where possible and appropriate, with custodial
sentences being considered when the offence is serious or violent or the
woman represents a continuing danger, and after taking into account the best
interests of the child or children, while ensuring that appropriate provision has
been made for the care of such children.
3.
Juvenile female offenders
Rule 65
Institutionalization of children in conflict with the law shall be avoided
to the maximum extent possible. The gender-based vulnerability of juvenile
female offenders shall be taken into account in decision-making.
4.
Foreign nationals
Rule 66
Maximum effort shall be made to ratify the United Nations Convention
against Transnational Organized Crime n and the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children,
supplementing that Convention o to fully implement their provisions so as to
provide maximum protection to victims of trafficking in order to avoid
secondary victimization of many foreign-national women.
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United Nations, Treaty Series, vol. 2225, No. 39574.
Ibid., vol. 2237, No. 39574.
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