Children of Prisoners Europe (COPE) is helping to make fundamental rights a reality for the 800,000 children of the incarcerated as the EU Charter of Fundamental Rights celebrates its 10th anniversary.

Article 24(3)[1] of the EU Charter of Fundamental Rights enshrines the right of children to family contact when in their best interests. Clear evidence demonstrates that the preservation of family relations through open communication with caregivers, sustaining relationships with imprisoned parents, and support from extended family are fundamental to mitigating risks and fostering resilience in children separated from a parent in prison[2], as are a number of coping strategies that can provide the basis for better support. In this way children are better protected from the social isolation, stigma, poverty and violence often associated with parental incarceration.

To make the EU Charter of Fundamental Rights truly effective in children’s lives and to foster key European values and bring them closer to children’s lives, COPE promotes awareness of the adoption of an Italian-sponsored Memorandum of Understanding (MOU)[3] on children with imprisoned parents across Europe, bolstered by Council of Europe Recommendation CM/Rec 2018(5)[4] concerning these children. This follows a Written Declaration 0084/2016[5] by the European Parliament on the protection of the children of imprisoned parents calling on the Commission to consider establishing an MOU at EU level to better maintain the child’s relationship with their imprisoned parent[6]. At both EU and nation state levels such MOUs would offer guidance to all those involved with children affected by parental imprisonment: police, judges, prison staff and management, schools, welfare agencies, parents, the media and our wider communities.

As the EU Charter of Fundamental Rights marks its 10th anniversary, highlighting core European values that safeguard and protect children, such COPE work will make fundamental rights for children of the incarcerated a living reality with respect to EU legal and policy initiatives—including emphasising the right of children of the incarcerated to family contact when determining eligibility of an imprisoned parent for transfer based on Council Framework Decision 2008/909/JHA[7]. COPE is also working to ensure that member states keep high on their policy agendas the Commission Recommendation of 20 February 2013 “Investing in children: breaking the cycle of disadvantage”, recommending that member states be guided by, inter alia, the horizontal principle of: Ensuring a focus on children who face an increased risk due to multiple disadvantage such as Roma children and children of imprisoned parents.

[1] Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

[2] COPING Project: http://eprints.hud.ac.uk/id/eprint/18019/1/ChildrenOfPrisonersReport-final.pdf

[3] https://childrenofprisoners.eu/wp-content/uploads/2018/04/2018.03.02_2016-MOU-English-edits-FINAL.pdf

[4] https://edoc.coe.int/en/children-s-rights/7802-recommendation-cmrec20185-of-the-committee-of-ministers-to-member-states-concerning-children-with-imprisoned-parents.html

[5] https://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+WDECL+P8-DCL-2016-0084+0+DOC+PDF+V0//EN&language=EN

Requests contained in the written declaration:

  • 800000 children in Europe see their right to the protection of family relationships violated when one or both parents are imprisoned.
  • The Memorandum of Understanding (MOU) signed by Italy on 21 March 2014 is the first in Europe dealing with the protection of the children of imprisoned parents, as recognised by the UN Declaration of Human Rights and the Convention on the Rights of the Child.
  • The Commission is called upon to consider the possibility of establishing an MOU at EU level in order to ensure the preservation of the parenthood relationship with imprisoned parents and to allow parents to be present at important moments in their children’s education, thus safeguarding the interests of minors.
  • The Commission is asked to promote the development of policies aimed at overcoming the discrimination that could be suffered by the children of imprisoned parents, in order to strengthen social integration and to build an inclusive and fair society.
  • The Commission and the Council should protect the rights of those who do not have a voice, in compliance with EU values, with the aim of ensuring that children will not be stigmatised on account of the criminal sentences served by their parents.

[6] This declaration, together with the names of the signatories, is forwarded to the Council and the Commission.

[7] https://www.ejncrimjust.europa.eu/ejn/EJN_library_statusOfImpByCat.aspx?CategoryId=36 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purposes of their enforcement.