The Discourse on Human Rights and Female Prisoners; The Gender Transformation of Prisoners' Human Rights

Articles in Press

Document Type : Research Paper

Authors

1 M.A. Student, Department of Criminal law and Criminology, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.

2 Associate Professor, Department of Criminal law and Criminology, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.

Abstract

International human rights standards owe much to the universal demand for the fuller realization of political and civil rights, reinforcing key concepts such as dignity, equality, freedom, and other fundamental human values. Examining the adoption process of pivotal instruments like the Universal Declaration of Human Rights, the Convention Against Torture, the International Covenant on Civil and Political Rights, and national legislative and sub-legislative frameworks raises a critical question: Have these documents and regulations—particularly in areas such as prisoners' rights—been formulated in a gender-sensitive manner or in universally applicable terms? Since the foundational premise of human rights discourse encompasses all human beings, regardless of gender, it must address the needs of both men and women through an equity-driven approach, proposing gender-specific mechanisms to claim transformative progress. This analytical, document-based study seeks to answer how the evolution of prisoners' rights has been shaped by gender considerations and how the most essential human rights guarantees for female prisoners are evaluated under international instruments and relevant domestic regulations .The findings reveal that human rights documents pertaining to prisoners have shifted from a gender-neutral, universal stance to gender-differentiated standards. Notably, the "Bangkok Rules" emphasize the necessity of enhanced or reinforced protections for incarcerated women.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 22 August 2025

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