Response to Written Question from European Commission

European Parliament Question for Written Answer

In April 2015, Jean Lambert MEP tabled a written question to the European Commission on behalf of Children of Prisoners Europe. The Question was entitled “The multiple ways in which a parent’s imprisonment adversely impacts the rights of children and the European Union’s commitment to ensuring that these rights are respected”. The Question was written in collaboration with Children of Prisoners Europe following a meeting in Strasbourg in March 2015 with Ms. Lambert.

The Question focused on children of imprisoned parents in relation to the social rehabilitation of prisoners and the Council Framework Decision 2008/909/JHA. It also inquired about a follow up to paragraph 13 in the European Union Parliament Resolution on the 25th anniversary of the United Nations Convention on the Rights of the Child which addresses children with imprisoned parents using Children of Prisoners Europe’s statistics.

Response to Written Question

In July 2015, a written response was received from the European Commission. The response from Ms Vera Jourova, Commissioner for Justice, Consumers and Gender Equality for the Commission, highlighted the Commission’s consideration that children of imprisoned parents are in a particularly vulnerable situation. It also specifically mentioned Children of Prisoners Europe and the two Operating Grants the network had been awarded in order to promote vital awareness-raising and sharing of good practice. COPE’s question about Council Framework Decision 2008/909/JHA was also responded to.

Answer given by Ms Jourová on behalf of the Commission

The Commission considers children of imprisoned parents to be in a particularly vulnerable situation, as reflected in the 2013 Recommendation Investing in children: breaking the cycle of disadvantage, and the background paper for the 2015 Forum on rights of the child which will focus on integrated child protection systems.(1) (2) In 2013(3) and 2015(4) the Commission awarded an operating grant to Children of Prisoners Europe to promote awareness-raising and exchange of good practice.

A transfer of a sentenced person under the framework Decision 2008/909/JHA may take place where the issuing State, where appropriate after consultations with the executing State, is satisfied that the enforcement of the sentence by the executing State would serve the purpose of facilitating the social rehabilitation of the sentenced person.

According to Recital 9 of the framework Decision, the issuing State should, in deciding upon a transfer, take into account such elements such as the person’s attachment to the executing State, whether he or she considers it the place of family, linguistic, cultural, social or economic and other links to the executing State. In all cases where the sentenced person is still in the issuing State, he or she shall be given an opportunity to state his or her opinion orally or in writing.

Therefore, during the consultation stage of both the executing State and the sentenced person, all elements can be brought forward, including the fact that the place of family of the sentenced person is in the executing State as his or her children are living in that State. It should however be noted that, according to Article 4(5) of the framework Decision, there is no obligation for the issuing State to transfer a sentenced person.

(1)

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013H0112&from=EN

(2)

Your rights in the EU

Know your rights in the EU, access the European Charter of Fundamental Rights, find out what to do if your rights are breached

(3)

JUST Newsroom – News overview – European Commission

We expect the study to address the following key questions: 1. What are the core concepts in the current modelling approach of the EU economy? What types of data are collected and which measurement concepts exist within this approach? 2. How did these concepts relate to the historical development of economic trade, the structure of the EU (or U.S.,.

(4)

http://ec.europa.eu/justice/grants1/files/2014_spob_og_netw/award_decision_rec_en.pdf

Written Question:

The multiple ways in which a parent’s imprisonment adversely impacts the rights of children and the EU’s commitment to ensuring that these rights are respected

An estimated 800 000 children in the EU have a parent in prison on any given day each year. The detention of the parent infringes on the rights of the child in multiple ways. These include the right to family contact, the right to healthy development and the right to be raised by the parent.

Answer:

The multiple ways in which a parent’s imprisonment adversely impacts the rights of children and the EU’s commitment to ensuring that these rights are respected

An estimated 800 000 children in the EU have a parent in prison on any given day each year. The detention of the parent infringes on the rights of the child in multiple ways. These include the right to family contact, the right to healthy development and the right to be raised by the parent.

Answer:

The multiple ways in which a parent’s imprisonment adversely impacts the rights of children and the EU’s commitment to ensuring that these rights are respected

An estimated 800 000 children in the EU have a parent in prison on any given day each year. The detention of the parent infringes on the rights of the child in multiple ways. These include the right to family contact, the right to healthy development and the right to be raised by the parent.