Treaty

Key Provisions of the Standard Minimum Rules for the Treatment of Prisoners

The SMRs set international standards for the treatment of prisoners. They are an important point of reference for defining what constitutes the humane treatment of those incarcerated in a prison setting. A fundamental aspect of the rules is that they are to be applied impartially and without discrimination on grounds of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. At the same time, the SMRs mandate respect and accommodation for religious and cultural differences.

The Correctional Service of Canada (CSC) has identified three fundamental human rights principles upon which the SMRs are based:

  1. A prisoner’s sense of dignity and worth as a human being must be respected and maintained through the entire course of their imprisonment.
  2. The suffering that results from the loss of liberty and freedom by the fact of incarceration is punishment enough.
  3. The primary role of prisons is rehabilitation, not punishment.

The SMRs are divided into two parts. The 49 Rules in Part I cover the general management of institutions and inmate treatment. These Rules are applicable to all categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to security certificates or corrective measures ordered by the judge.

Part II encompasses rules that are applicable to five special categories of detainees.

  • Section A addresses prisoners under sentence;
  • Section B addresses “insane and mentally abnormal prisoners”;
  • Section C addresses prisoners in remand—those under arrest or awaiting trial;
  • Section D addresses civil prisoners, such as those imprisoned for debt; and
  • Section E addresses persons arrested or detained without charge.

Some of the specific standards stipulated in the SMRs include the provision of:

  • accommodations that are appropriately heated, ventilated and cleaned;
  • nutritional food;
  • appropriate bedding and clothing that is regularly laundered;
  • regular exercise;
  • books and other educational materials, and
  • the same standard of medical services as is provided to the general public.

Prohibitions for prisoner treatment include:

  • corporal punishment;
  • solitary confinement; and
  • other cruel, unusual, and/or degrading treatment.

Special requirements for women prisoners include:

  • separate detention from male prisoner populations;
  • accommodation for pregnancy, childbirth and child care.

Finally, since most prisoners will eventually return to the community, the SMRs address the right to be reasonably prepared for reintegration. This includes:

  • opportunities to engage in meaningful work, programs and activities that have some relevance to life outside prison; and
  • opportunities to remain in contact with friends and family.

While the standards outlined above are universal, States are allowed to accommodate various legal, social, economic, cultural and geographical conditions.