COPE welcomes the European Court of Human Rights ruling (21 March 2023) safeguarding the right of a child to visit his or her parent in detention.
The court upheld COPE’s intervention in the Deltuva v. Lithuania case, stating that all decisions concerning children should take their best interests as a prior consideration and that children have a right when separated from a parent in prison to regular, ongoing contact with the parent. COPE had filed an amicus brief jointly with the UK-based AIRE Centre.
“This is a major victory in our efforts to achieve recognition of the rights of children affected by parental imprisonment,” said COPE Executive Director Liz Ayre. “Scientific research shows that parental imprisonment can have adverse consequences on a child’s development, particularly when adequate support and ongoing contact is not guaranteed. States must do everything they can to make it possible for children to maintain a healthy bond with their incarcerated parent.”
The European Court of Human Rights based its ruling on Article 8 of the European Convention of Human Rights, which protects the right to private and family life. It also referred to the Council of Europe Recommendation concerning children with imprisoned parents CM/Rec(2018)5.
These are the same principles that underpin two recent European Union policy instruments. The first is the EU Child Rights Strategy adopted by the EU Council of Justice Ministers on June 9, 2022. The second is a Recommendation by the European Commission on pre-trial detention issued on Dec. 8, 2022. Both recognise the potential vulnerability of children with imprisoned parents.
Yesterday’s court ruling is another welcome signal that States must take child rights into consideration when it comes to decisions regarding parents in prison.
See here to read the amicus brief jointly submitted by COPE and the AIRE Centre.
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