Child Imprisonment and Children's Rights: A Question of Consistency (original) (raw)

European Journal of Parental Imprisonment: An evolving child rights agenda

The European Journal of Parental Imprisonment is a bi-annual publication that seeks to broaden the study of issues relevant to children affected by parental incarceration and meet a burgeoning interest in the development, implementation and evolution of entitlements, policies and practices that promote their well-being. With a view to fostering new perspectives for children with imprisoned parents, the journal features contributions by eminent scholars and experts in the fields of child rights, child welfare, criminal and social justice, psychology, penal affairs and other disciplines. Published by the network Children of Prisoners Europe (COPE). Edited by Hannah Lynn.

Research on Protecting the Rights of Child Offender.docx

Delinquency is the criminal behavior usually of young people and juvenile is connected with young persons who are not yet adults. Officially, juvenile delinquency consists of misbehavior by children and adolescents that leads to referral to the juvenile court. The general notion of children as a “protected species” is a relatively contemporary fact that developed nearly in the second half of the eighteenth century. The development of child psychiatry has shown the importance of certain childhood disorders in causing minor emotional distress or disorders of conduct, which affect the community. The delayed advancement of it may be delineated not only in economical entanglement but also in social typical one. In by-gone days children were, to a large extent, treated as absolutely miniature adults and an obvious notion was formed of their unusual requirements and phase of intelligence was not deemed to be requisite indeed. When it acknowledged that those who were young enough were not capable of criminal decline, then maturity was settled at seven years of age. Those who were older were generally considered absolutely answerable for their activities with some extent of acknowledgement of alleviating factors, for example, insufficient paternal restrain or different surrounding agents. A different margin was delineated between child and adult merely where it was convenient for the exception to benefit from the influential classes. The logical basis of this was that children are not absolutely, concerning the mind, involved in their actions. The other reason behind it is that considerable juvenile delinquencies are the factors of certain type of psychological maladjustment produced by guardian’s incapability of giving significant fundamental requirements. Under this type of entanglements, delinquencies ought not to be taken at face value rather it ought to be regarded surpassing the control of the juvenile; their supposition of lawful liability for their behavior could not be required or desired due to these factors. The fundamental kinds of community oriented punishments comprise of probation, residential and day-treatment programmers. These services are substitutes to institutionalization and prevent children from entering jails and adult prisons. In the west, this type of community orientation programmers attracted public patronage in the late 1960s and early 1970’s. These were considered as the more kind, economical and fruitful remedies for in relation to punishment centers. In Bangladesh, this type of community-oriented punishment does not prevail apart from a small number of community oriented relation clubs regarding youth to bring them away from danger. It is proved through the study in the juvenile justice that the number of cases refereed by guardians in far more than the police, which are submitted at the correctional in a child if such a disproportionate number of police refereed cases should not be construed as indicating a decrease in juvenile criminality. As a result, the innocent child would be turn grow up as criminal who would fail to convey his/ her innermost tender feelings with the hope to achieve certain degree of understanding in an alien and unfriendly adult world. Thus the approach to juvenile justice should be then beyond “duty based” attitudes and should embark upon a “right based” orientation for the societies in transition. Therefore, Bangladesh should likewise strive to put “rights” in the proper perspective. This step should be taken in respect of children to provide a conceptual framework for planning policy and programmers on the issue of juvenile justice.

Children of Prisoners: Their Situation and Role in Long­Term Crime Prevention Original Citation

Studies suggest that maintaining family ties can help reduce the likelihood of reoffending, and that while parental imprisonment can increase a child’s likelihood to offend, positive responses to the situation can aid the children’s well-being, attitude and attainment. Drawing on findings from the recently completed EU-funded COPING Project on the mental health of children of prisoners, this chapter explores the factors that aid a child’s ability to cope with parental imprisonment and the actions that different stakeholders can take to support them. It identifies some of the mental health impacts at different stages of parental imprisonment, the roles played by non-imprisoned parents/carers and by schools, and suggests options for further clarifying the factors that help and hinder children of prisoners in the short and long term.

The Rights of Children when a Primary Carer is Sentenced to Imprisonment in the Criminal Courts

Published in: Rachel Condry and Peter Scharff Smith (eds.) Prisons, Punishment, and the Family. Towards a New Sociology of Punishment? Oxford University Press, 2018

This chapter focuses on the rights of dependent children when their parents are sentenced for criminal offences. The chapter begins with an introduction to the harms which children suffer as a consequence of the imprisonment of their parents and in particular their mothers or primary carers. The chapter considers whether sentencers, when sentencing primary carers of dependent children in England and Wales, take into account the impacts of a custodial sentence on those children. It examines the application of the United Nations Convention on the Rights of the Child 1989 to children whose parents are facing imprisonment due to criminal convictions. The way in which the rights of a child to non- discrimination (Article 2), primary consideration (Article 3), participation (Article 12), and special assistance when separated from a parent (Article 20) are given consideration in adult sentencing proceedings is examined and this is contrasted with the treatment of children separated from their parents by the state in proceedings under section 31 of the Children Act 1989. The approach of the South African Constitutional Court in the case of M v The State [2007] illustrates the way in which children’s rights can be upheld within the adult sentencing process. The chapter concludes with a discussion of the implications of disregarding the rights of children rather than adopting an approach which upholds their rights.

The exercise of the right of prison inmates to have contact with their children in the context of contemporary research on childhood

Problemy Wczesnej Edukacji

The article relates to the subject of the presence of adults in the world of children, because it presents the results of research conducted between December 2021 and April 2022, concerning the ways of exercising the right of prison inmates to have contact with their children. The research was conducted based on the method of a systematic review of literature, where the analysis was based on academic articles published in 3 journals, i.e. “Resocjalizacja Polska”, “Archiwum Kryminologii”, and “Nowa Kodyfikacja Prawa Karnego” from 2017 to 2021, and on legal acts. Many articles concluded that the relationships of imprisoned parents with their children have a major impact on the process of the parents’ social rehabilitation, because the parent-child bond is an important factor in this process.

Children of Imprisoned Parents (Ed.)

This publication, featuring a range of initiatives, expertise and good practice, is designed for professionals, volunteers and decision-makers whose work impacts children with imprisoned parents, either directly (e.g., prison officers) or indirectly (e.g., judges and sentencers). Seeking to promote, expand and inspire good practice and policy change for this group of children, it revolves around seven broad themes: • The legal framework: international and European conventions, national law, maintaining family ties and the best interests of the child • The impact of parental imprisonment on children and young people's lives. • Parenting from prison: support for the imprisoned parent and the child-parent relationship • How children can maintain contact with an imprisoned parent • Mothers and young children in prison • Training, tools and methodologies to help reduce the adverse effects of imprisonment on children • Advocacy for policy and practice change to support children with imprisoned parents Each chapter showcases different national approaches and perspectives on current work being carried out across Europe, exploring issues that transcend borders and national judicial and penal policies, rather than providing an exhaustive nation-by-nation approach. As a whole, the publication offers a child-centred guide for ideas and initiatives to bolster the resilience of children whose parents are in prison, protect their emotional, psychological and social development and foster and reinforce family ties.

From Invisibility to Protection - Children in Prison with their Parent in Finland

Children & Society, 2013

This article explores the process through which children in prison with their imprisoned parent have become a target of social concern in Finland. It is asked how the new social problem of 'children in prison' has been constructed. The data consist of relevant parts of the legislation and official documents. Three phases of social problem construction are named: (i) Children in prison as a practical and private matter; (ii) intense debate, problem formulation and developing practices and (iii) a public institutionalised practice. The position of children changed from one of invisibility to the target of protection. On the basis of children's rights, children in prison became understood as a group of children who are in need of child protection services. This example demonstrates how the images of problems construct solutions for practices.

Children of Prisoners: Their Situation and Role in Long-Term Crime Prevention

Women and Children as Victims and Offenders: Background, Prevention, Reintegration, 2016

Studies suggest that maintaining family ties can help reduce the likelihood of reoffending, and that while parental imprisonment can increase a child's likelihood to offend, positive responses to the situation can aid the children's well-being, attitude and attainment. Drawing on findings from the recently completed EU-funded COPING Project on the mental health of children of prisoners, this chapter explores the factors that aid a child's ability to cope with parental imprisonment and the actions that different stakeholders can take to support them. It identifies some of the mental health impacts at different stages of parental imprisonment, the roles played by non-imprisoned parents/carers and by schools, and suggests options for further clarifying the factors that help and hinder children of prisoners in the short and long term.