On 1 July, the Council of Europe’s Committee of Ministers took a step towards integrating the rights of children with imprisoned parents into the framework of the European Prison Rules, adopting some of the provisions of Recommendation CM(2018)5 concerning children with imprisoned parents into its Recommendation Rec(2006)2 on the European Prison Rules.

As regards children impacted by parental imprisonment specifically, the revision that is perhaps paramount encourages prison administrations to collect data on the children of incoming prisoners upon entry, which is an important first step towards integrating support for children in prison protocols. Data collection on children helps identify children’s support needs and can legitimise the establishment of support initiatives to meet these needs as well as child-friendly facilities for children visiting a parent in prison. Among other revisions to the 2006 Recommendation are stipulations to facilitate family contact for foreign nationals and to protect the health and rights of pregnant women and mothers in prison.

The relevant additions to the Recommendation are as follows:

  1. Addition of Clause h. to Article 15.1: At admission, the following details shall be recorded immediately concerning each prisoner:    

h.  the number of children, their ages and their current primary caregiver.

  1. Article 37.2: Special attention shall be paid to the maintenance and development of the relationships of prisoners who are foreign nationals with the outside world, including regular contacts with family and friends, probation and community agencies and volunteers, and, subject to the prisoners’ consent, diplomatic or consular representatives.
     
  2. Article 34.4: Arrangements shall always be made for prisoners to give birth outside prison. Where, nevertheless, a child is born in prison, the authorities shall provide all necessary support and facilities, including special accommodation.
     
  3. Article 60.6.a: Solitary confinement, that is the confinement of a prisoner for more than 22 hours a day without meaningful human contact, shall never be imposed on children, pregnant women, breastfeeding mothers or parents with infants in prison.
     
  4. Article 68.7: Instruments of restraint shall never be used on women during labour, during childbirth or immediately after childbirth.

In relation to recommendations made regarding children of foreign national prisoners the Committee of Ministers to Member States Concerning Foreign Prisoners set some of the following guidelines.

In regard to sentencing the committee stated:

  • 14.2. The judicial authorities shall be provided, where possible and appropriate, with pre‑sentence reports about the personal circumstances of foreign offenders and their families, the likely impact of various sanctions on them and the possibility and desirability of their being transferred after sentencing.
  • 14.3. To avoid disproportionate hardship and obstacles to social reintegration, account shall be taken when considering sentences of the possible impact that such sentences may have on individual offenders and their dependants, without prejudice to the independence of the judiciary.

Conditions of imprisonment:

  • 15.3. As soon as possible after admission, foreign prisoners shall be provided with information, in a language they understand, orally or in writing, of international transfer possibilities.

Allocation:

  • 16.2. Subject to the requirements of safety and security, and the individual needs of foreign prisoners, consideration shall be given to housing foreign prisoners in prisons close to transport facilities that would enable their families to visit them.

Contact with the outside world

  • 22.2. Unless there is a specific concern in individual cases related to safety and security, foreign prisoners shall be allowed to use a language of their choice during such contacts.
  • 22.5. In order to optimise contact, visits to foreign prisoners from family members who live abroad shall be arranged in a flexible manner, which may include allowing prisoners to combine their visit entitlements.
  • 22.6. Support and information shall be provided to the extent possible to enable family members who live abroad to visit foreign prisoners.
  • 22.7. Special measures shall be taken to encourage and enable foreign prisoners to maintain regular and meaningful contact with their children.
  • 22.8. Arrangements shall be made to facilitate visits, correspondence and other forms of communication by children with their imprisoned parent, in particular when they live in a different State.

Good order, safety, and security

Infant children

  • 34.1. When deciding whether it would be in the best interests of an infant child of a foreign prisoner to be kept in prison, particular consideration shall be given to:
    • a. the conditions in which the child would be held in prison;
    • b. the conditions that would apply if the child is kept outside prison; and
    • c. the views of the legal guardians of the child.
  • 34.3. The legal status of any infant children in prison with their foreign parent shall be determined as early as possible during the sentence of that parent, with special care being taken to resolve cases where children born in prison have a different nationality to that of their parent.