Introduction: Reform drug laws to fulfil the Bangkok Rules
On 21 December 2020, ten years elapsed since 193 states adopted the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (‘the Bangkok Rules’, or ‘the Rules’). For centuries before that, criminal laws and prison systems had been designed for, and by, men.3 The Bangkok Rules are the first international human rights standards to focus on the specific needs and experiences of women deprived of liberty.
The Bangkok Rules are the minimum set of standards that any country should implement to protect the life, health, and rights of the women it incarcerates, or who are otherwise involved in non-custodial measures. That said, even in the best of conditions a prison is not an appropriate setting to address the reasons for women’s involvement in the illegal drug market, or to fulfil the rehabilitative purpose of the justice system. Furthermore, the criminal justice system is inherently tilted against those who lack money and support networks, while drug laws have been shown to target disproportionately people marginalised because of their race, ethnicity, sexual orientation, and gender identity. Because of this, the Bangkok Rules should be interpreted and implemented as part of a broader effort to reduce prison populations worldwide. The Bangkok Rules are not a binding treaty, and they do not have a direct legal effect on national law. But as a United Nations General Assembly resolution adopted by 193 states, they represent a strong political commitment by all countries in the world to acknowledge, respect, and fulfil the specific needs of women deprived of liberty.
