Social Reintegration of Persons Released From Detention and Persons Subjected to Non-Custodial Measures

A/HRC/RES/57/9View PDF

Who created this mandate?

A Resolution of the Human Rights Council, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2024.

Who cites this mandate in the budget?

1 entity

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

6 topics

Anti-Discrimination Measures Criminal Justice Ex-Offenders Human Rights Rehabilitation Social Integration

What does this mandate say?

22 operative paragraphs

Highlights the challenges that persons released from detention or subjected to non-custodial measures face in their social reintegration and the need to address those relating to the enjoyment of human rights without discrimination, including the rights to life, to freedom from torture and other cruel, inhuman or degrading treatment or punishment, to freedom from slavery and forced labour, to equality before the law and equal protection of the law, to equal pay for equal work, to an adequate standard of living, to the enjoyment of the highest attainable standard of physical and mental health, to education, and unlawful restrictions to the rights to participate in political and public life, to privacy and to work;

Appreciates the need to engage with all stakeholders, alongside persons released from detention or subjected to non-custodial measures, to prevent and eliminate unlawful forms of discrimination, as well as violence and harassment against them, and to address the negative social norms, stereotypes, stigma, economic and social inequities and systemic racism and discrimination that limit the full enjoyment of their human rights, perpetuate societal exclusion and hinder their social reintegration;

Encourages States to review and, as appropriate, modify legislation, policies and programmes, and to establish clear policies and regulations, on the conduct of criminal justice and community-based programming personnel, to protect persons released from detention or subjected to non-custodial measures from stigmatization, discrimination and all forms of violence, to respect, protect and fulfil their human rights and to facilitate and promote their successful social reintegration and ability to participate meaningfully in and contribute to society;

Invites States to facilitate proactively the social reintegration of persons released from detention or subjected to non-custodial measures in accordance with their human rights obligations and commitments by considering, inter alia:

Initiating support for social reintegration throughout all stages of the administration of justice, including during the administration of non-custodial measures and post-release;

Promoting the design and implementation of effective social reintegration programmes based on an assessment of the needs and risks of persons released from detention or subjected to non-custodial measures, understanding that individuals may require re-evaluation throughout the course of their reintegration;

Designing and implementing comprehensive pre- and post-release social reintegration programmes, including gender-, age- and disability-specific programmes that take into account the specific needs of persons in vulnerable situations, aimed at ensuring a fully supported transition from custodial to community-based services and streamlined access to basic needs, such as food, clothing, housing, medical care and mental health services, as well as substance misuse treatment, and ensuring that information on such reintegration programmes is easily accessible;

Developing programmes that provide persons released from detention or subjected to non-custodial measures with ongoing access to community-based vocational and technical training and educational programmes to support them in developing the necessary skills for long-term social reintegration, and provide necessary support in securing safe, dignified and gainful work;

Promoting a restorative and rehabilitative approach to social reintegration, such as by educating the public through de-stigmatization campaigns and, when appropriate, victim-offender mediation and family counselling, and promoting community involvement, with due regard to the protection of society and individuals;

Facilitating, where appropriate and in accordance with domestic legal frameworks, restorative justice processes at relevant stages of the criminal justice system and in the community to assist victims and to reintegrate persons released from detention or subjected to non-custodial measures, and to uphold human rights and prevent crime and recidivism;

Introducing, where possible, appropriate alternatives to traditional incarceration, including small-scale detention centres, while prioritizing non-custodial measures and utilizing options such as conditional release, home leave and community-based programmes and services to ease the transition to liberty, reduce stigma and discrimination and restore relations between those released from detention and their families and communities;

Encouraging the active participation of the private sector in promoting social reintegration and respecting the human rights of persons released from detention or subjected to non-custodial measures by providing opportunities for sustainable employment, as well as social inclusion programmes and employability schemes, including in jobs in support of sustainable development;

Ensuring appropriate education, including trauma-informed education and training for officials on social reintegration, such as for law enforcement personnel, prison authorities, parole and probation officers, social workers and healthcare providers;

Promoting and supporting multi-stakeholder partnerships by fostering coordination among relevant government authorities at all levels, and public-private partnerships between those authorities and the communities;

Sharing best practices and exchanging information on relevant social reintegration policies and programmes and relevant public-private partnerships;

Emphasizes the benefits of social reintegration in the full enjoyment of human rights for all, the improvement of public health and security, sustainable development, crime prevention and the rule of law;

Welcomes existing and emerging programmes and best practices by States with regard to social reintegration, particularly those with a human rights-based approach, and expresses its appreciation for the requests made by interested States for further guidance on the issue;

Urges all relevant stakeholders to contribute to greater government efforts and international cooperation in the design and implementation of regulations, policies and programmes of social reintegration of persons released from detention or subjected to non-custodial measures and to the collection, analysis and dissemination of relevant data, including data disaggregated by ethnicity, income, sex, age, race, disability, geographical location or other factors, on the extent, nature and consequences of social reintegration of these persons and on the impact and effectiveness of policies and programmes for combating discrimination, and their ability to enjoy their human rights;

Requests the Office of the United Nations High Commissioner for Human Rights to prepare a comprehensive study, with practical recommendations, on human rights and the social reintegration of persons released from detention and persons subjected to non-custodial measures, with a view to assessing the benefits of further developing guiding principles, based on wide consultations with key stakeholders, including States, United Nations bodies, agencies, funds and programmes, including the United Nations Office on Drugs and Crime, the human rights treaty bodies, the special procedures of the Human Rights Council, national human rights institutions, human rights defenders, civil society organizations, academia, criminal justice organizations, persons released from detention with lived experience, and survivors of crime, and to present the study, accessible to persons with disabilities, including in an accessible and easy-to-read format, to the Council at its sixtieth session;

Invites all relevant stakeholders, including the special procedures, the treaty bodies, the Office of the High Commissioner and the United Nations Office on Drugs and Crime, to establish or strengthen their work relating to the promotion, protection and respect of human rights in the context of social reintegration of persons released from detention and those subjected to non-custodial measures;

Requests that all necessary financial, technical and logistic support required for the implementation of the present resolution be provided;

Decides to remain seized of the matter.

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