Discrimination based on gender and the marginalization of individuals based on their sex is a major reason why activists for civil and human rights pay attention to the issue of women and their rights. The Universal Declaration of Human Rights in December 1979 was accepted by the United Nations General Assembly and was put into action on September 3rd, 1981. Prior to this, in 1975, activists for human rights and the United Nations declared the International Women’s Year with the goal of all countries recognizing the value and importance of women, the role of women in the family, and the importance of women’s presence in society in promoting economic and social goals, and initiating a collective effort.

In the preamble of the Universal Declaration of Human Rights, it is stated that despite the United Nations Charter and the Universal Declaration of Human Rights and other resolutions of the United Nations and affiliated organizations, and the progress made in the field of equality, there is still significant discrimination against women. The mentioned declaration believes that in all areas – economic and social – women should be granted equal rights and states that the realization of the principle of equality between men and women and its full implementation in all countries, in accordance with the principles of the United Nations Charter, requires all governments, non-governmental organizations and individuals to do their utmost to fulfill this declaration. In fact, international treaties and resolutions urge all thinkers and jurists of the world to strive for the realization of this demand.

While civil activists in 1904 were concerned about the buying and selling of white women and their enslavement, in 1975 they expressed concerns about the discrimination against women in social and economic issues. In fact, in the first decade of the 20th century, no one could have imagined a time when women would actively participate in society alongside men.

Despite all this, in a document adopted by the United Nations in 1990 under the title “Minimum Standard Rules for the Treatment of Prisoners,” the specific needs of female prisoners have not been adequately addressed. The lack of attention to the specific needs of female prisoners in this document has highlighted the increasing population of female prisoners worldwide and the changing nature of their crimes, emphasizing the need for greater global attention to this group of prisoners. Ultimately, with the initiative of Thailand, a draft of a special international document on the treatment of female prisoners was prepared and finalized.

Regulations Governing the Rights of Incarcerated Women.

The document entitled “United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders” (known as the Bangkok Rules), was adopted by the United Nations General Assembly in 2010. It serves as a supplement to previous relevant documents on the subject, including the “Standard Minimum Rules for the Treatment of Prisoners” and the “Tokyo Rules”, and is applicable in all member states of the United Nations. This document consists of four chapters and 70 articles, which address important issues regarding the rights and responsibilities of women prisoners who are awaiting trial (female suspects and defendants) and those who are serving their sentences (female convicts).

The regulations of the country’s prisons and correctional and educational measures, which contain provisions regarding the rights and duties of prisoners, both men and women, were approved in 1980 and have been reviewed several times. The current version was approved by the head of the judiciary on 19 June 2021. This regulation includes good supportive provisions for women prisoners.

One of the notable points in the 2010 International Document is the attention to special groups of incarcerated women. This means that while the document focuses on incarcerated women as a whole, it also addresses the issue of more vulnerable women in certain articles. For example, there are specific regulations for young incarcerated women, women with children, pregnant women, breastfeeding women, etc. According to this document, breastfeeding or pregnant women and women who bring their infants with them to prison are entitled to special support, including avoiding solitary confinement. Furthermore, the prohibition of communication with family, especially children, should not be used as a punishment for this group of prisoners. In addition, it is necessary for children accompanying incarcerated mothers to receive proper healthcare. Regarding visits between children and incarcerated women, it should be noted that efforts should be made to provide a friendly environment for this connection and to maximize the opportunity for mothers to spend time with their children in prison. It is also essential to pay attention to the growth of the child and

Some other important issues mentioned in the International Document on the Treatment of Incarcerated Women include providing necessary educational programs for staff and employees of the organization, such as offering first aid and medical assistance, familiarizing them with various diseases and HIV, and detecting and identifying the risk of self-harm and suicide among incarcerated women.

In the examination of the allowed time period for accepting women prisoners with their children in prison, as well as the care of children after the legal age, according to the regulations of the Prison Organization, female convicts and suspects can have their children with them until the age of two. Separation and segregation of children aged 2 to 6 is carried out in a separate location (kindergarten) or these children are transferred to welfare or child care institutions.

Furthermore, one of the fundamental rights of incarcerated women is to maintain contact with the outside world. Therefore, the necessary measures and resources must be provided to ensure its implementation. In places where conjugal visits are allowed for men, women prisoners should also have the same right. For example, according to Article 182 of the regulations, spouses, fathers, mothers, brothers, sisters, and children of the convicted or accused, as well as the spouse’s parents, have the right to visit the convicted person weekly, and in case of good behavior, the possibility of face-to-face visits with family members and private visits without the presence of an officer is also provided.

In examining the possibility of furlough for female prisoners and its duration in the legal system of Iran, it must be noted that although furlough is not officially recognized as a right for prisoners in this legal system, it is still possible for female prisoners to be granted furlough if they meet the legal requirements and obtain the necessary points specified in the aforementioned regulations. The duration of furlough is considered as part of the sentence.

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What can be deduced from examining the domestic regulations of countries and international documents is that since the adoption of the United Nations resolution until today, international organizations have invited member countries to pass laws and regulations in line with treaties and conventions with the aim of eliminating discrimination against women and improving the conditions for the fulfillment of women’s rights. However, what has always been overlooked is the importance of recognizing that in today’s world, we need to implement the rule that equality is a fundamental human right, without any distinction or discrimination based on factors such as gender or age, which is the result of conventions such as the Convention on the Elimination of All Forms of Discrimination against Women or the Convention on the Rights of the Child. The goal of this claim is for civil activists and human rights defenders to always focus on human beings without any discriminatory criteria and strive for the promotion of human rights.

The experience of the past few decades shows that it is not possible to achieve the goal of gender equality simply by enacting laws or international treaties. The root of this issue – which is the equality of rights between women and men – cannot be achieved through legislation alone. Achieving this goal requires certain prerequisites that vary based on different geographical locations. However, raising awareness among people, both women and men, is the most important tool for success in this path.