Standard Minimum Rules for the Treatment of Prisoners (‘Mandela Rules’)

The first rules about the treatment of prisoners were adopted by the UN in 1955.

In 2015, the UN adopted an expanded version of these rules. They were called the UN Standard Minimum Rules for the Treatment of Prisoners and became known as the ‘Mandela Rules’. They are minimum standards for the treatment of prisoners around the world.

The Rules are not legally binding, but they are internationally recognised and provide important guidance about how prisons should be run.

Important: Section 32(2) of the Victorian Charter of Human Rights also says that international law can be taken into account when you are interpreting Victorian laws like the Corrections Act 1986 (Vic). 

Corrections Victoria recognises the Mandela Rules in their policies, like the Deputy Commissioner’s Instructions. The Supreme Court of Victoria has also referred to the Rules when considering human rights in Victorian prisons.

The Mandela Rules start with two basic principles:

Rule 1: All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No prisoner shall be subjected to, and all prisoners shall be protected from, torture and other cruel, inhuman or degrading treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety and security of prisoners, staff, service providers and visitors shall be ensured at all times.

Rule 2: The Rules shall be applied without discrimination (which includes discrimination against women and First Nations peoples), and that prison administrations shall take account of the individual needs of prisoners, in particular the most vulnerable categories in prison settings.

The Rules then cover a range of topics, including:

• Admission
• Classification
• Conduct of prison staff
• Accommodation
• Discipline and sanctions
• Physical and mental health
• Contact with the outside world
• Inspections and investigations

The full set of rules can be found on the UN’s website.