Italian Charter of the Rights of Children of Imprisoned Parents

Italy’s landmark “Charter of the rights of children of imprisoned parents” has been renewed for an additional four years, following the signature on 16 December 2021 by Italian Justice Minister Marta Cartabia, Child Guarantor Authority Carla Garlatti and Bambinisenzasbarre president Lia Sacerdote. An initiative launched by Bambinisenzasbarre, the Memorandum of Understanding (MoU), which served in part as inspiration for the Council of Europe Recommendation CM/Rec(2018)5 on children with imprisoned parents, recognises the right of minors to maintain the relationship with their imprisoned parents while supporting the latter’s right to parenthood. The protocol works to sensitise judicial authorities and serves as an impetus for them to implement actions to protect the rights of these children—with respect to pre-trial detention, places of detention, spaces for children waiting for prison visits and prison visits rooms themselves. It highlights the need for, inter alia: visits on days compatible with school attendance; video calls; training for prison staff with frontline contact with children; information; support for parenting; data collection; and monitoring of the Charter’s implementation. The signature of the new four-year MOU crowns Bambinisenzasbarre’s National Project promoting the application of the Charter and the NGO’s “Spazio Giallo System” featuring workshops, bonding initiatives, tools, and training of prison staff and schools.

The document covers eight main topics:

Article 1: Decisions and practices concerning judicial orders, judgements and sentences

Article 2: Minors visits to prisons

Article 3: Other types of relationships with the imprisoned parent

Article 4: The training of penitentiary administrative staff and juvenile justice operators

Article 5: Information, assistance and instruction for minor children

Article 6: the collection of data on children f prisoners to improve the reception and visits to prison

Article 7: Children’s stay in prison in exceptional cases if it is impossible to provide the parent with alternatives to detention

Article 8: Establishment of a Working Table

The 2016 version of the Charter (in English) can be accessed here.

The 2021 version of the Charter (in Italian) can be accessed here.