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10 J. Int'l L. & Econ. 453 (1975)
World Implementation of the United Nations Standard Minimum Rules for Treatment of Prisoners

handle is hein.journals/gwilr10 and id is 459 raw text is: WORLD IMPLEMENTATION OF THE UNITED NATIONS STANDARD MINIMUM RULES FOR TREATMENT OF PRISONERS DANIEL L. SKOLER* I. INTRODUCTION The primary contribution of the United Nations to the cause of world penal system guidance and improvement has been the Standard Minimum Rules for Treatment of Prisoners, a set of precepts now 20 years old and with an interesting and not unpro- ductive history of impact and influence. Indeed, since compara- ble rules or standards have not been enunciated by the United Nations to guide the operation of law enforcement agencies, the criminal courts, or the prosecution and defense of accused offend- ers, it may be said that the Standard Minimum Rules constitute the U.N.'s major standard-setting effort in the broad area of crim- inal justice administration.' As such, the Rules, their evolution and the extent of world implementation merit attention by those concerned with the social defense function and the advantages and limits of United Nations leadership in enunciating interna- tional norms for more effective methods of crime prevention and offender treatment. It is the purpose of this article to undertake such a review. In so doing, discussion and analysis will focus on four areas, i.e., (1) the background and adoptive history of the Rules within the U.N. structure, (2) the extent of formal incorpo- ration of the Rules or their substance in the correctional or penal codes and regulations of member States, (3) the extent of world implementation of the Rules in the actual administration of pris- ons and correctional systems, and (4) the various national mecha- nisms and remedies which are currently evolving or in use to enforce the Rules or similar guaranties and codes of offender treatment. *J.D., 1952 Harvard; Director, American Bar Association Commission on Correc- tional Facilities and Services; Visiting Fellow, National Institute of Law Enforcement and Criminal Justice, U.S. Department of Justice. 1. It is true that other codes such as the United Nations Universal Declaration of Human Rights include guaranties which have direct relevance to convicted prisoners and prison administrators (prohibition of inhuman or degrading punishment, freedom of reli- gion and correspondence, etc.), but these do not purport to define the basic conditions and rights under confinement of criminal offenders. 453

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