On 31st May 2017, the Child Rights Connect Working Group on Children of Incarcerated Parents held a briefing and discussion with the Committee on the Rights of the Child, focussing on the rights of children of incarcerated parents.
Laurel Townhead (QUNO) and Rachel Brett (COPE member) provided an introduction, highlighting work done so far by the Committee, particularly since the Day of General Discussion in 2011. They noted that despite significant advances in understanding on this issue, implementation remains patchy and more can be done by the Committee to ensure protection of these children’s rights.
Their introductions were followed by a discussion with members of the Committee, many of whom have a long-standing commitment to this issue. The main points raised in the discussion were:
- The need for child rights perspectives to be taken up in cases involving separation of children from their arrested or incarcerated parent, particularly by the European Court of Human Rights.
- Consideration of how best to protect the rights of children detained with their mothers and ensuring that their best interests are met, including in the Latin American context.
- Alternatives to imprisonment such as home detention.
- Good practice from South Africa based on a Constitutional Court ruling setting out a test for taking the best interests of the child into account when sentencing their primary carer.
- Protection of children and ensuring childcare arrangements are in place in situations of arrest of a parent.
- The lack of services available in many countries for children affected by parental imprisonment, particularly health and social services.
- Good practice examples in protecting these children’s rights, such as the Memorandum of Understanding signed by the Italian Ministry of Justice, the children’s ombudsman and the main NGO working on this issue in Italy.
- The importance of continuing to raise this in reviews and in Concluding Observations and work done with regional networks to provide the Committee with information about the situation in countries as they report.
- The interest and possibility of a General Comment by the Committee on this issue.
For more information please see the following documents shared with the Committee members:
- A short briefing by the QUNO on the Committee’s work to date on this issue.
- A longer briefing paper Committee’s work on children of incarcerated parents. L. Townhead ‘Briefing Paper: Children of Incarcerated Parents International Standards and Guidance’, (2015) Quaker United Nations Office.
- The Italian Memorandum of Understanding.
- Child Rights Connect Working Group on Children of Incarcerated Parents’ recommendations for States based on Italian good practice.