The Council of Europe Recommendation CM/Rec(2018)5 of the Committee of Ministers to member States concerning children with imprisoned parents is a landmark instrument regarding children with imprisoned parents. Coming as an international European response to Italy’s 2014 Memorandum of Understanding between the Ministry of Justice, the National Ombudsman for Childhood and Adolescence, and COPE member organisation Bambinisenzasbarre ONLUS, the Recommendation does the work both of recognising parental imprisonment as having long-lasting effects on the well-being of millions of children, and of addressing the needs of those children with a parent in prison through 56 guidelines for good practice.
The recommendation applies to all children whose parents are in prison, including infants living with their parent in prison, and defines its Underlying Values as follows:
This recommendation is written on the basis that:
- in all matters concerning children, children’s rights and best interests should be of primary consideration, also bearing in mind that children with imprisoned parents have committed no crime and should not be treated as being in conflict with the law as a result of the actions, or alleged actions, of their parents;
- all children, without discrimination and regardless of the legal status of their parents, are guaranteed the enjoyment of all rights covered by the United Nations Convention on the Rights of the Child, including the right to have their best interests protected, the right to development, the right to have their views respected, and the right to maintain personal relations and direct contact with their parents on a regular basis;
- it is necessary to protect the child’s right to, and need for, an emotional and continuing relationship with their imprisoned parent, who has a duty and right to play their parental role and to promote positive experiences for their children;
- children, family, the child-parent relationship and the imprisoned parent’s role in this relationship need support before, during and after detention. All interventions and measures in support of children with a parent in prison and their relationship with that parent should ensure they create no stigma and discrimination against these children;
- awareness-raising, cultural change and social integration are necessary to overcome prejudices and discrimination arising from the imprisonment of a parent.
The adoption of Recommendation CM/Rec(2018)5 was accompanied by the publication of a detailed Explanatory Memorandum, which discusses the current situation for children with imprisoned parents in Europe and includes responses to a questionnaire that was sent to the prison services in all Council of Europe Member States.
Full text for the Recommendation and the Explanatory Memorandum in English and French:
The Recommendation is also available in the following languages: