Expanding the Promise of the Bangkok Rules in Southeast Asia and Beyond

Abstract

The Universal Declaration of Human Rights outlines fundamental protections for all human beings. Critically, such rights and protections are particularly applicable to those imprisoned throughout all carceral spaces: the right to physical security; freedom from torture and other cruel and unusual punishments; equal protection under the law; and a right to a community standard of living, including food, clothing, medical care, and social services. The need for special vigilance in applying these principles to justice settings for children and women entwined in these spaces has been met with the development and implementation of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (2010) or the Bangkok Rules. These Rules provide for a women-centered approach to human rights within correctional environments. The Bangkok Rules are based on several dominant themes relevant to women in prison and additionally emphasize the importance of alternatives to custody. Since their adoption over 10 years ago, there has been clear progress in implementing and promoting the Bangkok Rules throughout Southeast Asia, as we will describe in this chapter. While we applaud these efforts, there is still much work to do within the region. We argue that attention is needed both within and outside of women’s prisons to expand the promise of the Bangkok Rules beyond current efforts. In our view, the attention inside prison walls must now turn to addressing intersections between gender and other marginalized statuses, ensuring all forms of safety, dignity, and respect. Outside prison, reform of egregious and punitive drug laws is essential. Equally important, is the critical need to develop a more robust response in terms of non-custodial measures and other non-prison-based responses to women in conflict with the law.

Citation

Chuenurah, C., Owen, B. and Rao, P. (2022), "Expanding the Promise of the Bangkok Rules in Southeast Asia and Beyond", Jefferson, A.M. and Jeffries, S. (Ed.) Gender, Criminalization, Imprisonment and Human Rights in Southeast Asia (Emerald Studies in Activist Criminology), Emerald Publishing Limited, Leeds, pp. 139-154. https://doi.org/10.1108/978-1-80117-286-820221009