Joint Statement | Strong Support from Civil Society Organizations Worldwide for the Formulation of UN Guiding Principles on Social Reintegration

In response to the call for inputs by the Office of the High Commissioner for Human Rights (OHCHR) for the study commissioned pursuant to Human Rights Council Resolution 57/9, the joint submission states as follows:

Introduction

Civil Society Organizations (CSOs) from around the world welcome the strong support of the United Nations Human Rights Council in commissioning the Office of the High Commissioner for Human Rights (OHCHR) to conduct a study on the social reintegration of persons released from detention or under non-custodial measures.

Social reintegration is one of the world's most neglected yet vital human rights issues, affecting millions of people every year. Community-based support programs yield profound benefits for society as a whole, and we strongly support the promotion of human rights-based social reintegration policies. The forthcoming OHCHR study is a crucial step forward, but further efforts are still needed.

Pursuant to Human Rights Council Resolution 57/9, the study is commissioned to "assess the necessity of guiding principles." The primary objective of our input is to ensure that your office's study concludes, through a comprehensive review of the field, that there is an urgent need to develop a set of UN Guiding Principles on Social Reintegration. The long-standing absence of these principles has resulted in a lack of clear standards and expectations for state responses. We call upon the United Nations to provide a clear framework to build safer, stronger, and more inclusive societies.

Why Social Reintegration Matters: The Human Rights at Stake

All countries face the challenge of ensuring successful social reintegration and reducing recidivism rates. However, the lack of clear guidance leads to inconsistent efforts, insufficient resource allocation, and even misunderstandings regarding state responsibilities. Consequently, post-release support relies primarily on the burden borne by Civil Society Organizations (CSOs) and families. Globally, there are currently over 11.5 million incarcerated individuals, alongside millions more subject to non-custodial measures. With the exception of extreme cases, virtually all detainees will eventually return to society, regardless of whether they are prepared to do so. According to data from the United Nations Office on Drugs and Crime (UNODC), recidivism rates remain exceptionally high in most countries, exceeding 70% in some.

Upon re-entering society, many individuals face significant barriers to socio-economic stability, largely stemming from community stigmatization and exclusion. Therefore, failing to provide adequate support and resources during this critical period can directly impact their survival. Generally speaking, individuals reintegrating into society may find themselves in vulnerable states due to a lack of food, shelter, healthcare, mental health services, education, or employment support—hardships further exacerbated by the COVID-19 pandemic and its aftermath. These prejudices and difficulties, coupled with a lack of sufficient assistance, force many reintegrating individuals to turn to crime as a means of survival, making recidivism extremely common within the first three years following release. This is especially true during the initial period immediately following reintegration, when returnees may become trapped in a vicious cycle of poverty, fail in their reintegration, or be forced to re-offend simply to meet their basic survival needs. This unfortunate reality can occur even when an individual genuinely desires to work and abide by the law.

States that fail to assist individuals deprived of their liberty with social reintegration (including those formerly incarcerated or affected by non-custodial measures) may hinder their exercise of fundamental rights and even violate their human rights. Reintegrating individuals are frequently denied their substantive rights, including but not limited to:

• The right to life (International Covenant on Civil and Political Rights, ICCPR, Article 6)
• The right to health (International Covenant on Economic, Social and Cultural Rights, ICESCR, Article 12)
• The right to an adequate standard of living (International Covenant on Economic, Social and Cultural Rights, ICESCR, Article 11)
• The right to work (International Covenant on Economic, Social and Cultural Rights, ICESCR, Article 6)
• The right to privacy (International Covenant on Civil and Political Rights, ICCPR, Article 17)
• The right to participate in public affairs (International Covenant on Civil and Political Rights, ICCPR, Article 25)
• The right to a fair trial (International Covenant on Civil and Political Rights, ICCPR, Article 14)

These rights are protected by legally binding international human rights treaties. However, the root causes of these violations lie in the social stigma and exclusion experienced by justice-involved individuals, and such discriminatory behaviors themselves constitute further violations of international human rights law.

Social Reintegration Programming

Social reintegration programming is key to breaking the vicious cycle of failed reintegration, as it provides individuals with the necessary guidance and tools to become law-abiding citizens and play a constructive role in society. While in-prison programming certainly contributes to social reintegration, studies worldwide show that sustained post-release support and community-based backing are essential to ensuring successful reentry. In fact, an individual's lack of preparation for release and the state's failure to provide post-release follow-up assistance often become primary obstacles hindering successful social reintegration. By promptly mitigating individuals' risk factors for recidivism and human rights concerns, community-based social reintegration programs can reinforce positive social values and overcome barriers to long-term success. We commend emerging state practices in promoting re-entry support programs.

Illustrative examples of social reintegration programming include, but are not limited to:

Certain groups—such as women, children, racial, ethnic, or religious minorities, indigenous peoples, LGBTQ+ individuals, persons with disabilities, individuals with mental health conditions, and drug users—face distinct barriers during the social reintegration process that must be addressed through a holistic approach. Therefore, social reintegration programs should not adopt a one-size-fits-all approach, but should instead conduct regular individualized needs assessments. The development and implementation of effective reentry measures must follow a human rights-based approach, focusing on rehabilitation, continuity of care, the minimization of rights-restrictive sanctions whenever possible, and the subsequent restoration of rights.

A smooth transition from detention or non-custodial measures to community support benefits not only the returning individual, but society as a whole. Studies show that the implementation of social reintegration programs helps promote public safety, uphold the rule of law, advance sustainable development, improve public health, and ensure the protection of human rights. Unlike many other human rights initiatives, investment in social reintegration also yields tangible economic benefits for states, including reduced law enforcement and incarceration costs, increased labor force participation, and higher tax revenues from returning individuals. Therefore, prioritizing social reintegration is not only a moral obligation, but an innovative and cost-effective public safety policy that simultaneously advances the realization of human rights.

The Transformative Impact of Potential UN Guiding Principles

Rule 90 of the Nelson Mandela Rules represents a global consensus, affirming that "the duty of society does not end with a prisoner’s release." Furthermore, the UN Common Position on Incarceration notes that even the best in-prison rehabilitation programs can be undermined if unaccompanied by any post-release support. Similarly, the Tokyo Rules state that "the purpose of supervision is to . . . assist the offenders’ integration into society."

However, the existing international human rights framework fails to provide states or relevant actors with clear guidance, definitions, or standards, making these universal commitments difficult to put into practice.

The formulation of UN Guiding Principles on Social Reintegration would fill this critical gap, providing clear direction for governments, civil society, private entities, and communities. These guiding principles would complement the work of other UN bodies and provide crucial guidance for states and civil society organizations to implement life-affirming social reintegration programs that ensure compliance with fundamental rights enshrined in existing international human rights instruments. Moreover, by clearly defining states' ongoing obligations, civil society organizations will be better equipped to advocate for the rights of this population, collaborate to promote their progressive realization, and ensure that no one is left behind in global society.

Our Call to Action

For too long, this marginalized group and their families have been neglected, treated as an afterthought in policies worldwide. Now is the time for a fundamental shift. Faced with an unprecedented number of individuals approaching release every single day, we can no longer accept empty promises. We, as civil society organizations with deep expertise in this field, take a clear stance: the absence of guiding principles has led to decades of stagnation, wasted resources, and human rights violations. The economic and humanitarian costs of inaction are simply too high, while the achievable benefits of proactive action are undeniable.

Therefore, the Office of the High Commissioner for Human Rights (OHCHR) must conclude that UN Guiding Principles on Social Reintegration are not only necessary, but long overdue. Formulating a clear set of guiding principles through a human rights lens will restore dignity to millions, strengthen societies, and build a safer, more just world.

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• Original Joint Submission (CSO Joint Submission for UN Office of the High Commissioner for Human Rights Study on Social Reintegration of Persons Released from Detention and Under Non-Custodial Measures)