The
SI UN Vienna Representatives report back from the UN Crime Commission

The
Forgotten Children  

Many of the side events which took place during the recent
session of the Crime Commission were on the children of incarcerated parents.
These side events, together with the many papers that were presented,
underlined how children are too easily ignored in the criminal justice systems.

They are called the “forgotten children” for good
reason.

One
of the questions we returned to repeatedly during these debates was: “should
small children ever be put in prison, especially when they have committed no
crime”? An equally pressing question was “should babies be separated from their
imprisoned mothers, even if there is no-one else to look after them”?

Life in prison is a daily reality for
thousands and thousands of children around the world but the experiences of
these children varies depending on the justice system in place. The common view
expressed during the Crime Commission side events was that the incarceration of
a parent has a tremendous impact on the children. Incarceration
affects their psychological well being and future economic status. Re-integrating post incarceration can be very difficult, sometimes impossible. What is the best course
of action for those children who have one or both parents in prison? What really
happens?

The conditions under which these children
live does vary widely. When the mother is the convicted parent, most countries allow
children to live in prison with her, providing
she is drug free and deemed able to care for the child, between the age of 0 and 18 months, sometimes longer. Some states ban children from living in prison
unless there are specialised child-friendly facilities; others allow children
to live with their mothers in the ‘regular’ prison until the age of three; in
other countries the arrangements are largely informal with no guidelines. In many
cases, the children are not even recorded as living in the prison. They simply
fall through the administrative gaps. This can mean that they are not released
when they should be or that they are not given appropriate food or care. Often, children share the food given to the mother with no additional nourishment allocated to
the child.

Whether or not children live with
their mother under these varying circumstances, they still have to acclimatise
to the world first inside and later outside the prison. For many children,
especially those who have been born in prison, the world can be very
frightening. There are cases of children being scared of aeroplanes, trees,
cars or men because they have never encountered them.

Almost all children who have parents serving
long sentences in prison lose contact over time. This is partly due to distance
(if the prison is far from their home), or due to family shame preventing
access.

In both cases the situation presents a real dilemma
for the children. Therefore, they frequently show psycho-social disorders:
depression, hyperactive or aggressive behaviour, regression, sleeping problems,
eating disorders, and poor performance at school.

Children who go into foster care are extremely vulnerable. Research shows that they are
significantly more likely to be abused or neglected. In addition, there is a serious
risk that children whose parents are involved in organised crime may be targeted.

During these session, delegates learned that the children of incarcerated
parents are not merely a local concern, but a global one.

The protection
of human rights of children deprived of their liberty

In regions where children are subject to prison
sentences and judged under ‘adult’ law for a crime, they often do not have appropriate,
continuous, or free legal assistance during the trial. Children have no
voice in prison. Basic human rights such as the right to health care, the right
to food, as well as the right to education are generally not respected.

More than 1 000 000 children are officially in custody worldwide. The number of
unreported cases is supposed to be much higher. In some countries, children in prison and closed institutions
(including those under the age of 10 years), are frequently abandoned. The case
studies and reports shared during these sessions found that almost everywhere,
children are locked in cells together with adults. Lawyers have major problems
gaining regular access to their minor clients.

Societies should avoid the pre-trial detention of children and implement appropriate
custody measures which responds to the particular needs of children. It should be the aim of all criminal justice systems to reconcile these children with society instead of deepening the gap. Detention should be in specialised centres adapted
for young offenders and an appropriate minimum age for detention should be set internationally.  The lack of continuous
provision of education in prisons is to be deplored. Education programmes
should be considered essential if the aim is to see children integrated back
into society, and supported in their future development.

For more information…

Barnados UK – working with parents and children in prisons

Prison Fellowship International – working with children in prisons internationally

 

 Born Behind Bars – An innovative programme in the USA

 

Share your thoughts on twitter through @SoroptiTweet or through facebook.