Adopted in 2015, the 122 rules of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) lays a minimum standards framework for imprisonment broadly. The following Rules make mention of children with imprisoned parents:
Rule 7
No person shall be received in a prison without a valid commitment order. The following information shall be entered in the prisoner file management system upon admission of every prisoner:
(a) Precise information enabling determination of his or her unique identity, respecting his or her self-perceived gender;
(b) The reasons for his or her commitment and the responsible authority, in addition to the date, time and place of arrest;
(c) The day and hour of his or her admission and release as well as of any transfer;
(d) Any visible injuries and complaints about prior ill-treatment;
(e) An inventory of his or her personal property;
(f) The names of his or her family members, including, where applicable, his or her children, the children’s ages, location and custody or guardianship status;
(g) Emergency contact details and information on the prisoner’s next of kin.
Rule 28
In women’s prisons, there shall be special accommodation for all necessary prenatal and postnatal care and treatment. Arrangements shall be made wherever practicable for children to be born in a hospital outside the prison. If a child is born in prison, this fact shall not be mentioned in the birth certificate.
Rule 29
1. A decision to allow a child to stay with his or her parent in prison shall be based on the best interests of the child concerned. Where children are allowed to remain in prison with a parent, provision shall be made for:
(a) Internal or external childcare facilities staffed by qualified persons, where the children shall be placed when they are not in the care of their parent;
(b) Child-specific health-care services, including health screenings upon admission and ongoing monitoring of their development by specialists.
2. Children in prison with a parent shall never be treated as prisoners.
Rule 48
2. Instruments of restraint shall never be used on women during labour, during childbirth and immediately after childbirth.
Rule 60
1. Admission of visitors to the prison facility is contingent upon the visitor’s consent to being searched. The visitor may withdraw his or her consent at any time, in which case the prison administration may refuse access.
2. Search and entry procedures for visitors shall not be degrading and shall be governed by principles at least as protective as those outlined in rules 50 to 52. Body cavity searches should be avoided and should not be applied to children.