 | Children of incarcerated parents Concluding observations of the UN Committee on the Rights of the Child |
| Displaying all 67 records in database |
| State | CRC session | Year of review | UN doc ref |
|---|---|---|---|
| Australia | CRC 40 | 2005 | CRC/C/15/Add.268 |
| Children of imprisoned parents 40. While the Committee notes the efforts undertaken to tackle this issue, including the Prisoners and their Families programme, it is concerned at the information that a considerable number of children have one parent in prison, and that indigenous children are significantly over represented in this group. 41. The Committee recommends that the State party continue and strengthen its measures to provide these children with adequate support, including counselling, and to facilitate contacts with their parents in prison, whenever this is not contrary to the child's best interest. | |||
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| Australia | CRC 60 | 2012 | CRC/C/AUS/CO/4 |
| Children of incarcerated parents 72. While noting as positive that the State party has legislation requiring courts to take into account "the probable effect" of a sentence on a convicted person's family, it notes with concern that Aboriginal Australians are severely overrepresented in prison, with a particularly serious overrepresentation of Aboriginal women often resulting in their children being subject to ad-hoc and insecure placement in alternative care that is not culturally appropriate and with low rates of family reunification. 73. With reference to the Committee's recommendations during its day of general discussion in 2011 on the Rights of Children of Incarcerated Parents, the Committee recommends that the State party: (a) Review all judicial and administrative arrangements to prevent imprisonment by providing support services to families at risk and use diversion and other alternative measures to avoid imprisonment and separation of children from their family members; (b) Resource and support the implementation of targeted programmes which facilitate tackling the root causes of the offences committed and providing preventive and early intervention services to families at risk; (c) Where it is in the child's best interests, resource and support the maintenance of the relationship between parent(s) and child throughout the duration of the latter's incarceration; (d) Respect and fulfil the child's right to information regardless of whether the child was present at the time of the arrest, and fulfil the duty to ensure that a request for information or the sharing of information from the child is addressed in a child-friendly manner while avoiding adverse consequences for the person(s) concerned while taking into account the best interests of the child. | |||
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| Bahrain | CRC 80 | 2019 | CRC/C/BHR/CO/4-6 |
| Children of imprisoned parents 35. The Committee recommends that the State party give primary consideration to the best interests of the child by considering alternatives to the detention of mothers and, only if such alternatives are not found, provide all the necessary human and financial resources and support to children living in detention with their mothers. It also recommends that the State party provide any psychological and other support necessary to children whose parents have been sentenced to death or life imprisonment. | |||
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| Bangladesh | CRC 70 | 2015 | CRC/C/BGD/CO/5 |
| Children in prison with their mothers 50. The Committee is concerned about the situation of children in prison with their mothers, including with respect to the lack of childcare services and deficiencies in sanitation. 51. The Committee recommends that the State party seek alternative measures to institutional confinement for pregnant women and mothers with young children wherever possible, and ensure adequate living conditions for children in prison with their mothers. | |||
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| Belarus | CRC 83 | 2020 | CRC/C/BLR/CO/5-6 |
| 29. The Committee recommends that the State party harmonise its laws and regulations to protect the children of incarcerated parents and the visitation rights of these children. | |||
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| Belgium | CRC 54 | 2010 | CRC/C/BEL/CO/3-4 |
| 76. The Committee expresses concern that, in spite of a decision by the Minister of Migration Policy and Asylum that families with children would no longer be detained in closed centres as of 1 October 2008, some children and their parents are still being detained in precarious conditions in facilities unsuitable for children. | |||
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| Bolivia | CRC 38 | 2005 | CRC/C/15/Add.256 |
| Children with an imprisoned parent 39. The Committee reiterates its concern about the situation of children living in prisons with one of their parents and about the living conditions of these children and the regulation of their care if they are separated from their parent in prison. 40. The Committee recommends that the State party develop and implement clear guidelines on the placement of children with their parent in prison, in instances where this is considered to be in the best interest of the child (e.g. the age of the children, the length of stay, contact with the outside world and movement in and outside the prison) and ensure that the living conditions in prisons are adequate for the child's development, as required by article 27 of the Convention. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison, which is regularly supervised and allows the child to maintain personal relations and direct contact with its parent remaining in prison. | |||
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| Bolivia | CRC 52 | 2009 | CRC/C/BOL/CO/4 |
| Children with an imprisoned parent 65. The Committee is concerned about the high number of children living in prison due to the imprisonment of one of their parents, as well as the safety, healthy development and living conditions of these children. 66. The Committee recommends that the State party develop and implement clear guidelines on the placement of children with their parent in prison, in instances where this is considered to be in the best interests of the child, and ensure safety and living conditions, including health care, adequate for the child's development as required by article 27 of the Convention. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison and without care in the extended family and that these children are supported to maintain personal contact and relationships with the parent remaining in prison. | |||
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| Brazil | CRC 70 | 2015 | CRC/C/BRA/CO/2-4 |
| Children in prison with their mothers 49. The Committee takes note of Act No. 11.942 of 2009 governing minimum assistance services for incarcerated mothers and their children. However, it is concerned that this legislation has not been implemented effectively. The Committee is seriously concerned about overcrowding and poor sanitation facilities in prisons, as well as about limited access to health services, education and recreational activities for incarcerated mothers and their children. 50. The Committee urges the State party to take all necessary measures to implement Act No. 11.942 of 2009 effectively and to improve the conditions for children incarcerated with their mothers, including by increasing the human, technical and financial resources allocated to female prisons, with a view to expeditiously ending overcrowding and guaranteeing access to adequate sanitation and to health services, and to education and recreational activities for the children. | |||
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| Bulgaria | CRC 72 | 2016 | CRC/C/BGR/CO/3-5 |
| 60. The Committee expresses further concern that: (b) Pregnant girls placed in correctional facilities are often deprived of adequate living conditions, including a safe environment, adequate food and nutrition and a lack of access to appropriate medical care. Separation of mother and child after birth is apparently common place; | |||
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| Burundi | CRC 55 | 2010 | CRC/C/BDI/CO/2 |
| Children in prison with their mothers 62. The Committee expresses serious concern that some children are born in prisons and/or have accompanied their mothers in prisons. The Committee is also concerned at their poor living conditions and at the fact that children are deprived of their right to health and education which is inappropriate for their physiological and psychological development. 63. The Committee recommends that the State party ensure that living conditions in prisons and facilities provided are adequate for the child's physical, mental, moral and social development in accordance with article 27 of the Convention, including access to health and education services and when appropriate seek alternative measures to institutional confinement for pregnant women and mothers with young children. | |||
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| Cambodia | CRC 57 | 2011 | CRC/C/KHM/CO/2 |
| Children imprisoned with their mothers 63. The Committee expresses serious concern about the situation of children incarcerated with their mothers, especially those living in the overcrowded CC2 prison in Phnom Penh, as well as in the prisons of Takmao, Kompong Cham and Kompong Chhnang, in conditions which are detrimental to their physical, mental and emotional well-being. The Committee is particularly concerned that children are not provided with food and safe drinking water, mothers are being expected to share their own ration with their2 children, they are often placed in cells without appropriate ventilation, in conditions of extreme heat and not always separated from persons with contagious diseases, such as tuberculosis. The Committee is also concerned that children incarcerated with their mothers have limited access to health services and almost no access to any form of education and recreational activities. The Committee is further seriously concerned about cases of children being physically abused by prison guards and other prisoners. 64. The Committee urges the State party to ensure that the rights of children and their mothers living in prison are respected. The Committee urges the State party to take immediate measures to ensure that mothers and their children are provided with food and health services, and that children have access to education and recreational activities. The Committee also urges the State party to take all necessary measures to protect children from all forms of abuse, to investigate all reports of abuse of children by prison officials and other inmates and to take appropriate disciplinary measures against perpetrators of abuse against children. | |||
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| Chile | CRC 70 | 2015 | CRC/C/CHL/CO/4-5 |
| Best interests of the child 26. The Committee notes that the best interests of the child is a fundamental principle in the legal system of the State party and that it is integrated into some laws. However, the Committee is concerned that it does not apply in all areas, including in decisions sentencing parents to long terms of imprisonment, and that the reasoning of the court does not always explain the criteria used for determining the child's best interests. The Committee is further concerned that the best interests of the child is not a cross-cutting consideration in all areas of policymaking. 27. In the light of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party strengthen its efforts to ensure that this right is appropriately integrated and consistently interpreted and applied in all legislative, administrative and judicial proceedings and decisions, as well as in all policies, programmes and projects that are relevant to and have an impact on children. In that regard, the State party is encouraged to develop procedures and criteria to provide guidance to all persons with the authority to determine the best interests of the child in every area and to give those interests due weight as a primary consideration. | |||
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| Colombia | CRC 68 | 2015 | CRC/C/COL/CO/4-5 |
| Early childhood development 53. The Committee welcomes the adoption of the policy on early childhood and its related strategy. It is concerned, nevertheless, about the insufficient measures taken to ensure that all children throughout the territory benefit from the effective implementation of the strategy. 54. The Committee recommends that the State party strengthen coordination among relevant entities and allocate adequate human, technical and financial resources to the strategy on early childhood to ensure that all children benefit from its implementation, in particular children in rural and remote areas, children with disabilities, children living with HIV/AIDS, children in prison with their mothers, children of adolescent mothers, and displaced, indigenous and Afro-Colombian children. | |||
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| Cote dIvoire | CRC 81 | 2019 | CRC/C/CIV/CO/2 |
| Children in prison with their mothers 43. The Committee recommends that the State party: (a) Ensure that children living with imprisoned mothers are provided with the conditions necessary for their physical, mental, moral and social development, including access to health and early childhood development services ; (b) Seek alternative measures to institutional confinement for pregnant women and mothers with small children, wherever possible, and amend article 162 of Decree No. 69-189 of 14 May 1969 regulating prisons and prescribing implementation procedures for custodial sentences to reflect the principle of the best interests of the child. | |||
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| Democratic People's Republic of Korea | CRC 36 | 2004 | CRC/C/15/Add.239 |
| Separation of children from parents 42. The Committee is concerned at the information that the whereabouts of parents may not be provided to children if the parents have been sentenced to reform through labour or have been punished by death for a crime. 43. The Committee recommends that the State party take all necessary measures in line with article 9, paragraph 3, of the Convention to keep children informed about the whereabouts of their parents, and to fully implement their right to maintain personal relations and direct contact with both parents on a regular basis. | |||
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| Democratic People's Republic of Korea | CRC 76 | 2017 | CRC/C/PRK/CO/5 |
| Children of detained parents 35. The Committee urges the State party to ensure that children are not in any way punished, sanctioned or detained for their parents' crimes, and that children have regular contact with their detained parents if they so wish, including when parents are detained in political prison camps. | |||
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| Dominican Republic | CRC 68 | 2015 | CRC/C/DOM/CO/3-5 |
| Early childhood development 5. The Committee welcomes the measures taken to promote early childhood development. It is concerned, however, about the insufficient implementation of the Comprehensive Early Childhood Protection and Care Plan and regrets the lack of information on how the needs of children in vulnerable and marginalized situations, such as those living in prison with their mothers, are being addressed. 46. The Committee recommends that the State party evaluate the implementation of the Comprehensive Early Childhood Protection and Care Plan (2013), and ensure that adequate resources are allocated. The State party should also ensure that all children benefit from the Care Plan, in particular children in vulnerable and marginalized situations, such as those who live with their mothers in prisons. | |||
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| Eritrea | CRC 69 | 2015 | CRC/C/ERI/CO/4 |
| Children in prison with their mothers 51. The Committee is concerned that: (a) The living conditions for young children in detention facilities with their mothers are poor; (b) Lactating mothers are having difficulties in providing proper nutrition for their infants owing to the poor quality of food provided in the detention facilities. 52. The Committee recommends that the State party: (a) Take effective and urgent measures to ensure that living conditions for children in prison with their mothers, including access to food, water and sanitation, as well health and education services, are adequate for the children's physical, mental, moral and social development, in accordance with article 27 of the Convention; (b) Seek alternative measures to institutional confinement for pregnant women and mothers with young children, wherever possible; (c) Ensure that the principle of the best interests of the child is carefully and independently considered by competent child professionals prior to and during their stays with their detained mothers; (d) Seek technical assistance from UNICEF and other relevant partners in this regard. | |||
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| Ethiopia | CRC 43 | 2006 | CRC/C/ETH/CO/3 |
| Children in prison with their mothers 49. The Committee is concerned over the large number of young children, including infants, in prison with their mothers. 50. The Committee recommends that the State party seek alternative measures to institutional confinement for mothers with young children and, if applied, provide adequate facilities, while taking into account article 30 of the African Charter on the Rights and Welfare of the African Child. | |||
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| Ethiopia | CRC 69 | 2015 | CRC/C/ETH/CO/4-5 |
| 72. In the light of its general comment No. 10 (2007) on children's rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party to: (c) Take urgent measures to separate child offenders from adult detainees and to support and treat appropriately children who accompany their mothers in prison; | |||
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| Guinea | CRC 80 | 2019 | CRC/C/GIN/CO/3-6 |
| Children in prison with their mothers 32. The Committee recommends that the State party encourage courts to give primary consideration to the best interests of children when sentencing their caregivers, by using community-based sentencing where possible, and that it provide appropriate and adequate services and facilities in prisons for the children of incarcerated mothers, including appropriate nutrition, health care, hygiene and accommodation. | |||
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| Haiti | CRC 71 | 2016 | CRC/C/HTI/CO/2-3 |
| 43. ... It further recommends that the State party: (c) Provide all necessary support and care to children whose parents are serving a prison sentence or who are in pre-trial detention, regularly review their placement in alternative care, ensure that personal relations and direct contact with the parent in prison is maintained and give due consideration to the circumstances in which non-custodial sentences may be possible. | |||
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| Hungary | CRC 67 | 2014 | CRC/C/HUN/CO/3-5 |
| Children of incarcerated mothers 42. The Committee is concerned that the State party lacks mechanisms for diverting prison sentences issued to pregnant women or for postponing sentences. It is also concerned about the lack of measures taken by the State party to implement the rights of children to visit their parents in prisons. 43. The Committee recommends that the State party take all necessary measures to establish mechanisms to divert the sentences issued to expecting mothers to alternative forms of punishment and that it take measures to enable children to visit their incarcerated parents. | |||
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| Iceland | CRC 58 | 2011 | CRC/C/ISL/CO/3-4 |
| Best interests of the child 26. The Committee welcomes information that the concept of the best interest of the child is generally taken into consideration in the assessment of a child's need for welfare and public services. The Committee, however, is concerned that the best interests principle may not be fully taken into account in certain individual cases, especially with regard to ensuring parents' access to the child. 27. The Committee recommends that the State party ensure that, in all cases concerning parents' access to the child, the best interest of the child is always given priority. It further recommends the State party to strengthen its efforts to ensure that the principle of the best interests of the child is appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings, and in all policies, programmes and projects relevant to and with an impact on children. The legal reasoning of all judicial and administrative judgments and decisions should also be based on this principle. | |||
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| India | CRC 66 | 2014 | CRC/C/IND/CO/3-4 |
| Children of incarcerated parents 59. The Committee notes that children under the age of 6 years can live with their mothers in prison and that the State party has recently introduced a scheme to provide financial help to children of prisoners. However, it is concerned that the best interests of the child are not always taken into account, including when sentencing parents. 60. The Committee recommends that the best interests of the child be taken into account as a primary consideration when sentencing parents and that sentences for parents which lead to separation from their children be avoided as far as possible. It also recommends that the State party give due consideration to the child's best interests when deciding whether the child should live with his or her incarcerated parent. In doing so, due consideration to the overall conditions of the prison context and the particular need for parent-child contact during early childhood should be taken into full account, with the option of judicial review. | |||
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| Iran | CRC 38 | 2005 | CRC/C/15/Add.254 |
| Children in prison with their mothers 51. The Committee is concerned about the large number of children living in prisons with their mothers, their living conditions and the regulation of their care if they are separated from their mothers in prison. 52. The Committee recommends that the State party develop and implement clear guidelines on the placement of children with their mothers in prison (e.g. the age of the children, the length of stay, contact with the outside world and movement in and out of prison) and ensure that the living conditions in prisons are adequate for the child's development in accordance with article 27 of the Convention. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison and allow them to maintain personal relations and direct contact with their mothers remaining in prison. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2f15%2fAdd.254&Lang=en | |||
| Iran | CRC 71 | 2016 | CRC/C/IRN/CO/3-4 |
| Children deprived of a family environment 63. The Committee deplores article 26 of the Act on the Protection of Children and Adolescents with No Guardian or Abusive Guardians of 2012, which allows for marriage between a father and his adopted child, paving the way for the sexual abuse of children in adopting families, despite the State party's assurances that this does not take place in practice. The Committee is also concerned about the growing number of children deprived of a family environment, especially among children belonging to ethnic minorities, whose parents have been either imprisoned or killed. Children in prison with their mothers 65. The Committee is concerned that children, in particular Baha'i children, living with their mothers in prison have reportedly developed medical problems due to poor living conditions that they are subjected to in prisons. 66. The Committee recommends that the State party take measures to provide adequate living conditions in prisons for all mothers with children and that it ensure that prison has the most limited effect possible on children's mental and physical development. | |||
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| Iraq | CRC 68 | 2015 | CRC/C/IRQ/CO/2-4 |
| Children in prison with their mothers 56. The Committee is concerned that most prisons for women lack a nursery, although many children live with their mothers in prison, and about the various cases of sickness affecting those children because of deficient sanitation and general care. The Committee is also concerned about cases of children staying in prison for several weeks after the execution of their mothers. 57. The Committee urges the State party to: (a) Seek alternative measures to institutional confinement for pregnant women and mothers with young children, wherever possible; (b) Ensure adequate living conditions for children in prison with their mothers; (c) Ensure that the best interests of children are taken into account in criminal proceedings concerning their parents, and that death sentences are not carried out on mothers who have a child for which they are caring. | |||
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| Israel | CRC 63 | 2013 | CRC/C/ISR/CO/2-4 |
| 69. The Committee also expresses concern about: (d) The arrest, imprisonment in harsh conditions and deportation in 2012 of Sudanese children, including children who had been placed in protective care services due to violence and severe neglect by their parents, following arrest and imprisonment of the parents in harsh conditions, causing serious emotional damage to these children. 70. The Committee urges the State party to: (e) Primary consideration should also be given to the best interests of the child in any proceeding resulting in the child's or their parents' detention, return or deportation; | |||
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| Italy | CRC 58 | 2011 | CRC/C/ITA/CO/3-4 |
| Children of incarcerated parents 55. While the Committee welcomes the adoption of Act No. 62/2011 on the protection of the relationship between mothers in prison and their minor children, it is concerned at the high number of children separated from one or both parents who are imprisoned, the situation of babies who are living in prisons with their mothers, and cases where children risk being separated from their mothers if the mother does not meet the requirement for house arrest. 56. The Committee recommends that the State party undertake a study on the situation regarding the rights of children with parents in prison to a family environment, with a view to ensuring personal relations, adequate services and appropriate support in line with article 9 of the Convention. | |||
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| Kenya | CRC 71 | 2016 | CRC/C/KEN/CO/3-5 |
| Birth registration and nationality 29. ... the Committee is concerned that: (c) Some groups of children, such as refugee children, children of Nubian descent, Makonde children, indigenous Somali children in Kenya, children with mothers in custody and intersex children, face difficulty in obtaining birth registration; | |||
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| Kuwait | CRC 64 | 2013 | CRC/C/KWT/CO/2 |
| 31. While noting as positive that the legislation attaches paramount importance to the interests of the child, the Committee notes with concern that the right of children to have their best interests assessed and taken as a primary consideration has not been appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings and in all policies, programmes and projects relevant to and with an impact on children. The Committee is also concerned that this right is also subject to misinterpretation, notably as regards guardianship, and disregarded in the case of bidoon children and in judicial proceedings where parents are involved, and especially when sentencing parents to death. 32. The Committee draws the State party's attention to its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, and recommends that the State party strengthen its efforts to ensure that this right is appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings, as well as in all policies, programmes and projects relevant to and with an impact on children. The Committee also urges the State party to assess and fully take into account the best interests of the child in judicial proceedings where parents are involved and when sentencing parents to death. The Committee also urges the State party to undertake a full assessment of the impact that its legislation and policies has on bidoon children. | |||
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| Lesotho | CRC 78 | 2018 | CRC/C/LSO/CO/2 |
| Children in prison with their mothers 39.The Committee is concerned that the best interests of children are not taken into consideration during the sentencing of caregivers, and that prisons lack appropriate facilities for nursing mothers. 40. The Committee recommends that the State party encourage courts to give primary consideration to the best interests of children when sentencing their caregivers, by using community-based sentencing where possible, and provide appropriate and adequate services and facilities in prisons for the children of incarcerated mothers, including appropriate nutrition, health care, hygiene and accommodation. | |||
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| Malawi | CRC 74 | 2017 | CRC/C/MWI/CO/3-5 |
| Children in prison with their mothers 31. The Committee recommends that the State party provide appropriate and adequate services and facilities in prisons for children of incarcerated mothers, including appropriate nutrition, health services and hygiene and accommodation. | |||
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| Mauritius | CRC 68 | 2015 | CRC/C/MUS/CO/3-5 |
| Children of incarcerated parents 47. The Committee notes that children under the age of 6 can live with their imprisoned mothers. However, it is concerned that the best interests of the child are not always taken into account, including when sentencing parents, that incarcerated parents are not guaranteed systematic contact with their children and the Child Development Unit, and that there is insufficient psychological treatment or social support to children of incarcerated parents who do not reside in institutional care. 48. The Committee recommends that the best interests of the child be taken into account as a primary consideration when sentencing parents, avoiding, as far as possible, sentences for parents which lead to their being separated from their children. It also recommends that the State party give due consideration to the child's best interests when deciding whether the child should live with his or her incarcerated parent. In doing so, due consideration to the overall conditions of the prison context and the particular need for parent-child contact during early childhood should be taken into full account, with the option of judicial review. The Committee further recommends that the State party ensure that incarcerated parents are guaranteed systematic contact with their children and the Child Development Unit, including in cases of adoption, and that children of incarcerated parents who do not reside in institutional care are provided with sufficient psychological treatment and social support. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMUS%2fCO%2f3-5&Lang=en | |||
| Mexico | CRC 42 | 2006 | CRC/C/MEX/CO/3 |
| Children with an imprisoned parent 39. The Committee reiterates its concern about the situation of children living in prisons with one of their parents, and about the living conditions of these children and the regulation of their care if they are separated from their parent in prison. 40. The Committee recommends that the State party develop and implement clear guidelines on the placement of children with their parent in prison (e.g. the age of the children, the length of stay, contact with the outside world and movement in and outside the prison), in instances where this is considered to be in the best interests of the child, and ensure that the living conditions, including health care, in prisons are adequate for the child's development, as required by article 27 of the Convention. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison, and that such care is regularly supervised and allows these children to maintain personal relations and direct contact with the parent remaining in prison. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMEX%2fCO%2f3&Lang=en | |||
| Mexico | CRC 69 | 2015 | CRC/C/MEX/CO/4-5 |
| Children in prison with their mothers 43. The Committee notes that children up to 6 years of age can remain with their mothers in prison and that the State party is currently reviewing the guidelines related to children living with their mothers so as to safeguard their rights. It is concerned, however, about those guidelines being adopted in a timely manner and about the insufficient alternatives to detention for mothers. 44. The Committee recommends that the State party consider all possible alternatives to detention for mothers. It should also complete the revision of and effectively implement the guidelines related to children living with their mothers in prison to ensure that their living conditions, including with regard to access to food, health, hygiene and education, are adequate for the children's physical, mental, moral and social development and that they are protected from violence. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMEX%2fCO%2f4-5&Lang=en | |||
| Moldova | CRC 76 | 2017 | CRC/C/MDA/4-5 |
| Children in prison with their parents. 26. The Committee commends the deinstitutionalization reform, and welcomes the adoption of legislative and policy measures on child protection ... It is concerned, however, about: (d) Children in prison with their mothers. 27. Drawing the State party's attention to the Guidelines for the Alternative Care of Children, the Committee recommends that the State party: (g) Take urgent measures to ensure that living conditions for children in prison with their mothers are adequate for the child's physical, mental, moral and social development, and seek alternative measures to institutional confinement for pregnant women and mothers with small children, wherever possible. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fMDA%2fCO%2f4-5&Lang=en | |||
| Mongolia | 75 | 2017 | CRC/C/MNG/CO/5 |
| Best interests of the child 17. While welcoming the inclusion of the right of the child to have his or her best interests taken as a primary consideration in the Law on Child Protection and other recently amended legislation, the Committee reiterates its previous recommendation CRC/C/MNG/CO/5 5 (see CRC/C/MNG/CO/3-4, para. 28) and, with reference to its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, further recommends that the State party: (a) Take concrete steps to ensure that this right is appropriately integrated and consistently interpreted and applied in all legislative, administrative and judicial proceedings and decisions, in particular with regard to family law, children in care and sentencing of parents; | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMNG%2fCO%2f5&Lang=en | |||
| Myanmar | CRC 59 | 2012 | CRC/C/MMR/CO/3-4 |
| Children in prison with their mothers 71. The Committee is deeply concerned that children detained in jails and prisons with their mothers are denied adequate health care and nutritious food, and their mothers are often denied assistance during childbirth. The Committee is also concerned about the absence, for these children, of everyday stimuli and educational material, which hampers their social and emotional development. The Committee is further concerned about numerous cases of lack of contact between detainees and their families, including their children. 72. The Committee urges the State party to ensure that: (a) Detained children are provided with enough food and access to health and education services; (b) The living conditions in detention meet the needs of the children, including access to water and sanitation facilities and access to education, and are compatible with the rights under the Convention; and (c) Detainees are allowed to see their children on a regular basis. | |||
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| Nepal | CRC 39 | 2005 | CRC/C/15/Add.261 |
| Children with parent(s) in prison 51. The Committee is concerned about the significant number of children who are living in adult prisons with their parents, often in poor conditions that fall short of international standards. 52. The Committee recommends to the State party that it review the current practice of children living with their parents in prison, with a view to limiting the stay to instances in which it is in his/her best interest, and to ensuring that the living conditions are suitable for his/her needs for the harmonious development of his/her personality. The Committee also recommends that children of parents in prison should be provided with adequate alternative care, for instance, within the extended family and be allowed regular contact with their parents. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2f15%2fAdd.261&Lang=en | |||
| Norway | CRC 53 | 2010 | CRC/C/NOR/CO/4 |
| 32. The Committee is furthermore concerned that the continued relation of a child to his/her parent in prison is not sufficiently supported. 33. The Committee also recommends that the right of a child to live with his/her parents be adequately considered in cases of deportation of a parent and that prison authorities facilitate the visiting arrangements of a child with his or her imprisoned parent. | |||
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| Philippines | CRC 39 | 2005 | CRC/C/15/Add.259 |
| Children in prison with their mothers 53. As regards children living in prison with their mothers, the Committee is concerned about access to adequate social and health services for these children and particularly, about their living conditions, which are often poor and fall short of international standards. 54. The Committee recommends that the State party ensure that living conditions and health services in prison are adequate for the child's early development in accordance with article 27 of the Convention and that the principle of the best interests of the child (article 3 of the Convention) is carefully and independently considered by competent child professionals prior to and during their stays with their detained mothers. The Committee recommends that alternative care for those children who are separated from their mothers in prison be regularly reviewed ensuring that the physical and mental needs of children are appropriately met. Furthermore, the Committee recommends that the State party ensure that alternative care allows the child to maintain personal relations and direct contact with the mother who remains in prison. The Committee encourages the State party to seek assistance from, among others, UNICEF and other United Nations bodies in this regard. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2f15%2fAdd.259&Lang=en | |||
| Qatar | 75 | 2017 | CRC/C/QAT/CO/3-4 |
| Children in prison with their mothers 28. The Committee recommends that the State party give primary consideration to the best interests of the child by considering alternatives to the detention of mothers and, only if such alternatives are not found, provide all the necessary human and financial resources and support to children living in detention with their mothers and provide any psychological and other support necessary to children whose parents have been sentenced to death. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fQAT%2fCO%2f3-4&Lang=en | |||
| Republic of Korea | CRC 82 | 2019 | CRC/C/KOR/CO/5-6 |
| Children of incarcerated parents 35. The Committee recommends that the State party adopt a policy to protect the children of incarcerated parents and the visitation rights of these children. Children staying in prison with their parents should have their rights, including the rights to education and health, guaranteed and their needs fully covered. | |||
| Link to original: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fKOR%2fCO%2f5-6&Lang=en | |||
| Russia | CRC 65 | 2014 | CRC/C/RUS/CO/4-5 |
| Children of incarcerated parents 47. The Committee notes that children under the age of 4 who are placed in baby homes in the grounds of prisons can be visited by their mothers outside working hours, but it is concerned that no measures have been taken to adapt special wings in prisons where those children can live with their mothers. The Committee regrets that no information was provided by the State party as to whether the judiciary or prison services consider the placement of parents in institutions where children can assume their visiting rights or whether children are financially or otherwise assisted in that regard. 48. The Committee recommends that the State party give due consideration to the circumstances in which the best interests of the child may be better fulfilled by living with the incarcerated parent. In doing so, due consideration to the overall conditions of the prison context and the particular need for parent-child contact during early childhood should be taken into full account, with the option of judicial review and with full consideration for the best interests of the child. Furthermore, the Committee urges the State party to ensure that, in the sentencing of parents and primary caregivers, non-custodial sentences are handed down, wherever possible, in lieu of custodial sentences, including in the pretrial and trial phases. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fRUS%2fCO%2f4-5&Lang=en | |||
| Rwanda | CRC 83 | 2020 | CRC/C/RWA/CO/5-6 |
| 31. The Committee recommends that the State party ensure that living conditions for children in prison with their mothers are adequate for the child’s physical, mental and social development, and seek alternative measures to institutional confinement for pregnant women and mothers with small children, wherever possible. | |||
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| Rwanda | CRC 63 | 2013 | CRC/C/RWA/CO/3-4 |
| 25. (c) Law No 14/2008 imposes penalties, including prison sentence on families who fail to register their children within the first 45 days, which could deter parents or guardians from registering their children and result in the separation of the parents from their children, which is not in the best interests of the child. 26. The Committee recommends that the State party strengthen its efforts to ensure free and immediate birth registration, including the issuance of birth certificates for all children, by means of accessible and expeditious registration procedures. The Committee further recommends that the State party: (c) Amend Law No 14/2008 in order to remove penalties of imprisonment and all legal and procedural barriers that impede birth registration; | |||
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| Samoa | CRC 72 | 2016 | CRC/C/WSM/CO/2-4 |
| Children of incarcerated mothers 38. The Committee is concerned that detention facilities are insufficiently equipped for the needs of incarcerated mothers with babies. 39. The Committee recommends that that the State party provide children of incarcerated mothers with appropriate and adequate services and facilities in prisons. | |||
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| Sao Tome and Principe | CRC 64 | 2013 | CRC/C/STP/CO/2-4 |
| 31. However, the Committee is concerned that: (d) Imprisonment of parents who ill-treat their children may not be in the best interests of the child and may aggravate pre-existing difficulties - including separation of children and parents - faced by families in vulnerable situations. 32. The Committee recommends that the State party: (e) Develop holistic early intervention programmes - including alternatives to imprisonment, where applicable - for parents and families in vulnerable situations where child abuse, neglect and/or domestic violence may occur. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fSTP%2fCO%2f2-4&Lang=en | |||
| Saudi Arabia | CRC 41 | 2006 | CRC/C/SAU/CO/2 |
| Children of non-Saudi (migrant) workers 69. The Committee is deeply concerned about the imprisonment of female non-Saudi (migrant) workers for their "illegal pregnancies" and the living conditions of non-Saudi (migrant) workers' children living in prison with their parents. 70. The Committee urges the State party to end as a matter of priority the arrest and imprisonment of unmarried non-Saudi (migrant) women who become pregnant, including victims of sexual violence. It further recommends that the State party develop and implement adequate alternative care for children who are removed from prison and allow them to maintain personal relations and direct contact with their mothers remaining in prison. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fSAU%2fCO%2f2&Lang=en | |||
| Singapore | CRC 81 | 2019 | CRC/C/SGP/CO/4-5 |
| Children whose parents have been sentenced to death 34. The Committee is seriously concerned at the situation of children whose parents have been sentenced to death and urges the State party to take the best interests of the child into consideration when issuing the death penalty. The Committee further recommends that the State party provide psychological and other support necessary to children whose parents have been sentenced to death. | |||
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| Slovenia | CRC 63 | 2013 | CRC/C/SVN/CO/3-4 |
| 29. In the light of its general comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration (CRC/C/GC/14), the Committee recommends that the State party introduce the right of the child to have his or her best interests taken into account as a primary consideration in its Constitution. The Committee further recommends that the State party strengthen its efforts to ensure that the right of the child to have his or her best interests taken into account as a primary consideration, is appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings as well as in all policies, programmes and projects relevant to and with an impact on children, particularly those deprived of a family environment, or in asylum-seeking, refugee and/or in immigration situations, including detention. In this regard, the State party is encouraged to develop procedures and criteria to provide guidance for determining the best interests of the child in every area related to children, and to disseminate this to the public, including Social Work Centres, courts of law, administrative authorities and legislative bodies. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fSVN%2fCO%2f3-4&Lang=en | |||
| Spain | CRC 77 | 2018 | CRC/C/ESP/CO/5-6 |
| 30. The Committee recommends that the State party seek alternative measures to detention for pregnant women and mothers with small children wherever possible and that the best interests of the child be considered carefully and independently at the time of sentencing. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fESP%2fCO%2f5-6&Lang=en | |||
| Sudan | CRC 55 | 2010 | CRC/C/SDN/CO/3-4 |
| Children in prison with their mothers 62. The Committee notes with concern that many female detainees in prisons in Southern Sudan and Khartoum have their young children with them in poor conditions, and expresses its concern at reports that the children of female prisoners executed following a sentence of death have remained in prison after the execution of their mothers. 63. The Committee strongly recommends that the State party: (a) Take effective and urgent measures to ensure that living conditions for children in prison with their mothers, including access to health and education services, are adequate for the child's physical, mental, moral and social development in accordance with article 27 of the Convention; (b) Seek alternative measures to institutional confinement for pregnant women and mothers with young children, wherever possible; (c) Ensure that the principle of the best interests of the child is carefully and independently considered by competent child professionals prior to and during their stays with their detained mothers; (d) Ensure that all children whose mothers have been executed are released into a safe care environment; and (e) Seek technical assistance from UNICEF and other relevant partners in this regard. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fSDN%2fCO%2f3-4&Lang=en | |||
| Sweden | CRC 68 | 2015 | CRC/C/SWE/CO/5 |
| Children deprived of a family environment 35. The Committee appreciates the various measures taken by the State party to facilitate contact between children and their incarcerated parents, including the setting up of visiting apartments in several prisons. The Committee is concerned, however, that the "principle of closeness", rather than being mandatory, is only one factor among others taken into consideration, which can mean children travelling long distances to visit their parents, with some families not being able to undertake such journeys owing to economic constraints. The Committee is also concerned that having to travel a long way does not automatically constitute a justification for extending the duration of visits in some prisons. 36. The Committee recommends that the State party take all the necessary measures to enable children with parents in prison to maintain personal relations and direct contact with them, and systematically apply the principle of closeness. The Committee also encourages the State party to continue to increase child-friendly visiting facilities in prisons. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fSWE%2fCO%2f5&Lang=en | |||
| Switzerland | CRC 68 | 2015 | CRC/C/CHE/CO/2-4 |
| Children of incarcerated parents 52. While welcoming the establishment in the canton of Zurich of units where an incarcerated mother and her child can be accommodated together, the Committee is concerned about the lack of data on the number and situation of children who have a parent in prison, or of information on whether the continued relationship of a child with his or her imprisoned parent is sufficiently supported. 53. With reference to the Committee's recommendations during its day of general discussion in 2011 on the rights of children of incarcerated parents, the Committee recommends that the State party collect data and undertake a study on the situation of children with a parent in prison in the State party, with a view to ensuring personal relations between children and the parent, including through regular visits and the provision of adequate services and appropriate support, in line with article 9 of the Convention, and that the best interests of the child are a primary consideration in all decisions taken. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fCHE%2fCO%2f2-4&Lang=en | |||
| Thailand | CRC 41 | 2006 | CRC/C/THA/CO/2 |
| Children in prison with their mothers 47. The Committee notes with concern the high rate of women in prison in Thailand, some of whom are pregnant or have children. The Committee is concerned that sentencing decisions do not consistently take into account the best interests of the child and women's role as mothers with childcaring responsibilities. It also notes with particular concern that a pregnant woman sentenced to capital punishment may be executed after her delivery. With regard to children residing in prison with their mothers, the Committee notes that women with children are separated from the general prison population, but expresses its concern about overcrowding, poor conditions of detention and inadequate staff. 48. Where the defendant has childcaring responsibilities, the Committee recommends that the principle of the best interests of the child (art. 3) is carefully and independently considered by competent professionals and taken into account in all decisions related to detention, including pretrial detention and sentencing, and decisions concerning the placement of the child. It recommends that alternative care for those children who are separated from their mothers in prison be regularly reviewed ensuring that the physical and mental needs of children are appropriately met. Furthermore, it recommends that the State party continue to ensure that alternative care allows the child to maintain personal relations and direct contact with the mother who remains in prison. As regards children residing in prison with their mothers, the Committee recommends that the State party ensure that living conditions in prisons are adequate for the child's early development in accordance with article 27 of the Convention. The Committee encourages the State party to seek assistance from, among others, UNICEF and other United Nations bodies in this regard. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fTHA%2fCO%2f2&Lang=en | |||
| Tonga | CRC 81 | 2019 | CRC/C/TON/CO/1 |
| Children of imprisoned parents 43.The Committee is concerned about the situation of children of imprisoned parents or of mothers facing imprisonment, including with respect to the lack of childcare services. 44. The Committee recommends that the State party: (a) Ensure that living conditions for children in prison with their mothers, including access to health and early childhood development services, are adequate for the child ’ s physical, mental, moral and social development; (b) Seek alternative measures to the imprisonment of pregnant women and mothers with small children, wherever possible, ensuring that the best interests of the child are carefully and independently considered by competent child professionals prior to sentencing pregnant women and mothers with small children and during the stay of children with their detained mothers. | |||
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| United Arab Emirates | CRC 70 | 2015 | CRC/C/ARE/CO/2 |
| Children of parents sentenced to prison or death 51. The Committee notes the provisions related to children living with their mothers in detention facilities, as well as the measures taken with regard to children whose parents are imprisoned or executed. The Committee is concerned, however, about: (a) The impact on children when the death penalty is imposed on their parents and the lack of attention paid to providing psychological support for such children; (b) Instances in which parents are sentenced to prison for failing to pay a debt; (c) The lack of human resources and other support necessary for children living in prison with their mothers. 52. The Committee recommends that the State party: (a) Take into consideration the existence of children and their best interests when considering the death penalty and provide psychological and other support necessary to children whose parents have been sentenced to death; (b) Prohibit the sentencing to prison of parents who have failed to pay a debt; (c) Give primary consideration to the best interests of the child by considering alternatives to the detention of mothers and, only if such alternatives are not found, provide all the necessary human and financial resources, as well as all the necessary support, to children living in detention with their mothers and to children who have ceased living in prison at the age of 2. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fARE%2fCO%2f2&Lang=en | |||
| United Kingdom | CRC 72 | 2016 | CRC/C/GBR/CO/5 |
| Children of incarcerated parents 53. The Committee is concerned that due to insufficient co-operation between the courts and the child protection authorities, a parent may be sentenced to imprisonment and directly incarcerated while his/her children are left alone without proper care. 54. The Committee recommends that the State party: (a) Ensure that child protection authorities are always informed when a person who has a child (children) is imprisoned in order to avoid situations where children are left unattended. (b) Take into account the best interests of the child as a primary consideration when sentencing parents, avoiding, as far as possible, sentences for parents which lead to their being separated from their children. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGBR%2fCO%2f5&Lang=en | |||
| United Kingdom | CRC 49 | 2008 | CRC/C/GBR/CO/4 |
| 44. ... the Committee is concerned at: (c) The situation of children with one or both parents in prison; 45. The Committee recommends that the State party: (d) Ensure support to children with one or both parents in prison, in particular to maintain contact with the parent(s) (unless this is contrary to their best interests) and to prevent their stigmatization and discrimination against them; | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fGBR%2fCO%2f4&Lang=en | |||
| Uruguay | CRC 68 | 2015 | CRC/C/URY/CO/3-5 |
| Children in prison with their mothers 41. The Committee is concerned about the inadequacy of prison facilities for children living in prisons with their mothers and about the non-application of article 8 of Act 17.897 on probation, which allows for women who would otherwise be in detention to be placed under house arrest during the last trimester of pregnancy and the first three months of breastfeeding. 42. The Committee strongly recommends that the State party: (a) Take effective and urgent measures to ensure adequate living conditions for children in prison with their mothers, including access to health and education services; (b) Ensure the effective implementation of article 8 of Act 17.897 on probation; (c) Ensure that the principle of the best interests of the child is applied by competent child professionals prior to and during the child's stay with his or her detained mother; (d) Seek technical assistance from UNICEF and other relevant partners in this regard. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fURY%2fCO%2f3-5&Lang=en | |||
| Uzbekistan | CRC 63 | 2013 | CRC/C/UZB/CO/3-4 |
| 45. The Committee appreciates the State party's Law on the Guarantees of the Rights of the Child, which guarantees the right of a child to grow up in a family environment and maintain contact with parents in instances of divorce or detention. ... 46. The Committee urges the State party to make all necessary efforts to further improve the quality and availability of local family-support services including community-based services, particularly for families with children with disabilities and those in vulnerable situations. | |||
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| Zambia | CRC 71 | 2016 | CRC/C/ZMB/CO/2-4 |
| 64. In the light of its general comment No. 10 (2007) on children's rights in juvenile justice, the Committee urges the State party to bring its juvenile justice system fully into line with the Convention and other relevant standards. In particular, the Committee urges the State party: (h) Provide appropriate and adequate services and facilities in prisons for children of incarcerated mothers and legalize their situation; | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fZMB%2fCO%2f2-4&Lang=en | |||
| Zimbabwe | CRC 71 | 2016 | CRC/C/ZWE/CO/2 |
| Children in prison with their mothers 54. The Committee expresses serious concern about reports of a serious lack of nutrition and poor sanitary conditions for infants and children sharing prison cells with their mothers who are awaiting trial or who are serving sentences for committing various offences. 55. The Committee recommends that the State party: (a) Take effective and urgent measures to ensure that living conditions for children in prison with their mothers, including access to health and early childhood development services, are adequate for the child's physical, mental, moral and social development in accordance with article 27 of the Convention; (b) Seek alternative measures to institutional confinement for pregnant women and mothers with small children, wherever possible; (c) Ensure that the principle of the best interests of the child is carefully and independently considered by competent child professionals prior to and during their stays with their detained mothers. | |||
| Link to original: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fZWE%2fCO%2f2&Lang=en | |||
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