Handbook on Prisoners with special needs …

1 Handbook onPrisoners with special needsVienna International Centre, PO Box 500, 1400 Vienna, Austria Tel: (+43-1) 26060-0, Fax: (+43-1) 26060-5866, justice Handbook SERIESFOR UNITED NATIONS USE ONLYU nited Nations publicationISBN 978-92-1-130272-1 Sales No. in March 2009 1,150 UNITED NATIONS OFFICE ON DRUGS AND CRIMEV iennaHandbook onPrisoners with special needsCRIMINAL justice Handbook SERIESUNITED NATIONSNew York, 2009 UNITED NATIONS PUBLICATIONS ales No. 978-92-1-130272-1 Cover image: KO SASAKI/The NewYorkTimes/Redux/laifThe views expressed in this Handbook do not necessarily refl ect the policies or positions of the United Nations Offi ce on Drugs and document has not been formally Handbook was prepared for the United Nations Offi ce on Drugs and Crime (UNODC) by Tomris Atabay, consultant on criminal justice issues, based in wishes to acknowledge the valuable contributions received from the fol-lowing experts who kindly agreed to review the Handbook and provide comments and feedback:Dr.

2 Jonathan Beynon, Jan van den Brand, Rachel Brett, Shane Bryans, Prof. Duncan Chappell, Nathan Erasmus, John Fisher, Dr. Andrew Fraser, Dr. Alex Gatherer, Julita Lemgruber, Prof. H. Archibald Kaiser, Femke Hofstee-van der Meulen, Clifford Msiska, Ioana van Neiuwkerk, Michael Platzer, Dr Maria Noel Rodriguez, Terry Sawatsky, Rani Shankardass, Alexandre Sidorenko, Vera Tkachenko, Simon contributing throughout the development of the Handbook were Ricarda Amberg, Mark Shaw, Fabienne Hariga, Mia Spolander and Marion also wishes to acknowledge the support provided by the Governments of Canada, Sweden, Norway and New Zealand toward the development of the.

3 1 Chapter 1. Prisoners with mental health care needs .. 9 1. Overview .. 10 2. special needs and challenges.. 12 3. International standards .. 18 4. Responding to the needs of offenders with mental health care needs 22 Recommendations .. 39 Chapter 2. Prisoners with disabilities .. 43 1. Overview .. 44 2. special needs and challenges.. 44 3. International standards .. 46 4. Responding to the needs of offenders with disabilities .. 48 Recommendations .. 53 Chapter 3. Ethnic and racial minorities and indigenous peoples .. 57 1. Overview .. 58 2. special needs and challenges.. 59 3. International standards.

4 64 4. Responding to the needs of ethnic and racial minorities andindigenous peoples .. 66 Recommendations .. 75 Chapter 4. Foreign national Prisoners .. 79 1. Overview .. 80 2. special needs and challenges .. 81 3. International standards .. 86 4. Responding to the needs of foreign national offenders .. 88 Recommendations .. 98 Chapter 5. Lesbian, gay, bisexual and transgender (LGBT) Prisoners 103 1. Overview .. 104 2. special needs and challenges.. 105viPage 3. International standards .. 109 4. Responding to the needs of LGBT offenders .. 111 Recommendations .. 119 Chapter 6. Older Prisoners .

5 123 1. Overview .. 124 2. special needs and challenges.. 125 3. International standards .. 131 4. Responding to the needs of older offenders .. 133 Recommendations .. 140 Chapter 7. Prisoners with terminal illness .. 143 1. Overview .. 143 2. special needs and challenges.. 144 3. International standards .. 147 4. Responding to the needs of offenders with terminal illness .. 148 Recommendations .. 154 Chapter 8. Prisoners under sentence of death.. 157 1. Overview .. 158 2. special needs and challenges.. 159 3. International standards .. 164 4. Responding to the needs of Prisoners under sentence of death.

6 166 Recommendations .. 174 References and complementary reading .. 1761 IntroductionWhom the Handbook is for The present Handbook forms part of a series of tools developed by The United Nations Offi ce on Drugs and Crime to support countries in implementing the rule of law and the development of criminal justice reform. It is designed to be used by all actors involved in the criminal justice system, including policymakers, legislators, prison managers, prison staff, members of non-governmental organizations and other individuals interested or active in the fi eld of criminal justice and prison reform. It can be used in a variety of contexts, both as a reference document and as a training scope and limitations of the Handbook This Handbook covers the special needs of eight groups of Prisoners , which have a particularly vulnerable status in prisons.

7 They are: Prisoners with mental health care needs ; Prisoners with disabilities; Ethnic and racial minorities and indigenous peoples; Foreign national Prisoners ; Lesbian, gay, bisexual, and transgender (LGBT) prison-ers; Older Prisoners ; Prisoners with terminal illness and Prisoners under sentence of death. All information, guidelines and recommendations provided for these groups apply to adult male and female members of these categories of Prisoners . However, female Prisoners have additional care and treatment requirements, which are not covered in this Handbook . For additional, exclusive guidance on the needs of female Prisoners please refer to UNODC Handbook for Prison Managers and Policymakers on Women and Imprisonment.

8 The scope of the Handbook does not extend to the special needs of children in confl ict with the law and recommended criminal justice responses to them, as chil-dren have many additional and specifi c needs distinct from those of adult Prisoners , and require a different approach in response to these needs . Publications on children Handbook ON Prisoners WITH special NEEDS2in confl ict with the law and juvenile justice , produced by UNODC, in collaboration with UNICEF and other United Nations agencies include: Manual for the Measure-ment of juvenile justice indicators and Protecting the rights of children in confl ict with the law. UNODC fi eld guides, including to juvenile justice , are forthcoming.

9 UNODC recognizes that there are a number of other groups with special needs , which are not covered in this Handbook . Guidelines on appropriate responses to the needs of individuals, including offenders and Prisoners , with drug dependence are covered in other tools produced by UNODC, such as: Investing in Drug Abuse Treat-ment, a Discussion Paper for Policymakers and Drug Abuse Treatment and Rehabilitation, a Practical Planning and Implementation Guide. Guidelines for the management of HIV/AIDS in prisons are provided in the UNODC handbooks, HIV/AIDS Prevention, Care, Treatment and Support in Prison Settings: A Framework for an Effective National Response, prepared in cooperation with WHO and UNAIDS; Policy Brief: Reduction of HIV Transmission in Prisons, by WHO, UNODC and UNAIDS, as well as the forthcoming HIV/AIDS in places of detention, a toolkit for policymakers, managers and staff, by UNODC and WHO, which also provides guidelines for drug demand reduction and treatment in prisons.

10 It is hoped that further publications may be produced in the future focusing on the situation of other special categories of Prisoners . The needs of the prisoner groups covered in this Handbook are extensive and the responses to these needs can vary signifi cantly among different countries, depending on the availability of resources, the level of development of the criminal justice system, culture and traditions. Therefore, the Handbook is only able to provide an overview of main needs and possible responses in line with international standards, rather than offering detailed guidance for use in a myriad of different economic and social con-texts. By doing so, it aims to generate a deeper understanding of the situation of vulnerable Prisoners , to encourage new thinking and the development of appropriate strategies to address their care and supervision requirements, within the framework of available resources and possibilities.