The United Nations Standard Minimum Rules for the Treatment of Prisoners - (the Nelson Mandela Rules) - Preliminary observation and Rules of general application

Sep 18, 2026

Uploaded by Aditya

The United Nations Standard Minimum Rules for the Treatment of Prisoners, commonly known as the Nelson Mandela Rules, set out widely accepted principles and practices for prisoner treatment and prison management. The preliminary observations explain the rules’ scope and intent, emphasizing that they establish minimum conditions while allowing justified departures to address practical difficulties and evolving thought. The general application rules require respect for inherent dignity, prohibit torture and cruel treatment, ensure impartiality without discrimination, and outline goals of imprisonment focused on protecting society and reducing recidivism.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages38

Reading Time1 h 36 min

AccessFree to download

Preliminary observation

Intent and scope of the rules

Application across prison categories

Treatment of young persons

I. Rules of general application

Basic principles

Prisoner file management

The United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) This publication has been made possible thanks to a contribution from the Government of Germany. United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) 1 Preliminary observation 1 The following rules are not intended to describe in detail a model system of penal institutions . They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principles and practice in the treatment of prisoners and prison management. Preliminary observation 2 1. In view of the great variety of legal, social, economic and geographical conditions in the world, it is evident that not all of the rules are capable of application in all places and at all times . They should, however, serve to stimulate a constant endeavour to overcome practical difficulties in the way of their application, in the knowledge that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations . 2. On the other hand, the rules cover a field in which thought is constantly developing. They are not intended to preclude experiment and practices, provided these are in harmony with the principles and seek to further the purposes which derive from the text of the rules as a whole. It will always be justifiable for the central prison administration to authorize departures from the rules in this spirit. 1 General Assembly resolution 70/175, annex, adopted on 17 December 2015. 2 UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS Preliminary observation 3 1. Part I of the rules covers the general management of prisons, and is applicable to all categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to “security measures” or corrective measures ordered by the judge. 2. Part II contains rules applicable only to the special categories dealt within each section . Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those categories and are for their benefit. Preliminary observation 4 1. The rules do not seek to regulate the management of institutions set aside for young persons such as juvenile detention facilities or correctional schools, but in general part I would be equally applicable in such institutions . 2. The category of young prisoners should include at least all young persons who come within the jurisdiction of juvenile courts . As a rule, such young persons should not be sentenced to imprisonment. I. RULES OF GENERAL APPLICATION 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 1. The present rules shall be applied impartially. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or any other status . The religious beliefs and moral precepts of prisoners shall be respected. 2. In order for the principle of non-discrimination to be put into practice, prison administrations shall take account of the individual needs of prisoners, in particular the most vulnerable categories in prison settings . Measures to protect and promote the rights of prisoners with special needs are required

FAQs

What is the purpose of the Nelson Mandela Rules’ preliminary observations?

They clarify that the rules are not meant to describe a complete model system, but instead present generally accepted minimum principles and practices based on contemporary consensus.

How do the rules address discrimination and the rights of prisoners with special needs?

They require impartial application with no discrimination on listed grounds, while prison administrations must consider individual needs, especially vulnerable categories, and protect and promote rights for special needs without treating such measures as discriminatory.

What are the main purposes of imprisonment according to Rule 4?

Imprisonment aims to protect society from crime and reduce recidivism, by using the period of imprisonment to support reintegration after release so individuals can live law-abiding and self-supporting lives.

Sep 18, 2026

Uploaded by Aditya