The Mandela Rules: New Standards for the Human Rights of Prisoners

Abstract

The Standard Minimum Rules for the Treatment of Prisoners were adopted in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Though they are not of legally binding nature, they have remained an important reference for criminal legislation and judicial reform in various countries in the past fifty years. Fifty years later, on October 7, 2015, the new Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules, were officially introduced, which revised the old Rules from nine aspects. The aim of the study is to provide accurate reference for countries to improve their domestic laws with reference to the changes in prisoners’ human rights standards reflected in the revised contents of the Standard Minimum Rules for the Treatment of Prisoners after fifty years. The method adopted in the study is the text analysis method and historical research method. The study analyzes their historical progress by comparing the content and different historical backgrounds of the two texts. Thus, it can be concluded that the revision of human rights standards in the new Standard Minimum Rules for the Treatment of Prisoners known as the Mandela Rules has been summarized into four aspects: the emphasis and protection of the basic human rights of prisoners, the new changes in the prisoners’ rights protection mechanism, the major changes in the status of prison medical personnel, and the prudent use of disciplinary sanctions against prisoners. All countries should pay attention to the changes in these four aspects and make reforms and improvements keeping pace with the Times in accordance with their own national conditions when revising their domestic laws.