UN Special Day of General Discussion for children with imprisoned parents

European Union European Union - 22nd November 2011

The UN Special Day of General Discussion on Children with Imprisoned Parents, held in Geneva on 30 September, was a landmark event, representing the first time that the issue of children with imprisoned parents (ChIPS) has been discussed substantively in a United Nations forum.

Opened by Jean Zermatten, Chair of the UN Committee on the Rights of the Child, it was the largest DGD to date, with an estimated 200 NGOs, agencies and organizations present, some of which have been working on behalf of children dealing with parental incarceration for over a quarter century.

Eurochips, which has been working on behalf of ChIPS for over a decade, was well represented at the event, with network members from seven European countries urging that the issue of children with imprisoned parents is a public health issue and that the child’s right to family life must be taken into consideration in all relevant decisions throughout the criminal justice process.

In general, it was agreed that non-custodial sentences should be used as alternatives when the offending parent is a primary carer. Over the course of discussions, Eurochips emphasized that the child's right to maintain contact when separated from a parent is inviolable, when in his or her best interest, and should not be subordinate to public security needs. When certain security restrictions are required for imprisoned parents, the network argued, the onus is on the State to enable the child to remain in contact with the parent, and to work to ensure that separation due to incarceration of a parent is not interpreted by the child as abandonment.

In addition, Eurochips suggested that governments establish legislation to guide the arrest process, ensuring that the parent is not humiliated in front of the child; that children could provide impact statements to the court on how custodial sentences would impact them; and that visits should be construed as a child’s right, not as a parent’s privilege.

Other general recommendations from participants included: identifying if individuals have children prior to imposing custodial measures; carrying out a best-interest assessment on a case-by-case basis for children; providing training for officials at all relevant levels; and fighting against social stigma and media sensationalism. A lack of research at all levels and of methodology for clear statistics/data was also cited.

In addition to discussions, two youth representatives from the EU-funded Coping project participated in the plenary session, voicing some of the concerns that children with imprisoned parents frequently have — Why isn't anything explained when we visit the prison? Why don’t prison staff treat us like human beings? Why can't we have any privacy? The youth representatives offered advice to other children in similar situations, urging them to seek out both available information and peers dealing with parental incarceration, and to use their experience to inspire constructive change through NGOs and other agencies.




• PowerPoint presentations from keynote speakers and written submissions from participants can be accessed at: http://www2.ohchr.org/english/bodies/crc/discussion2011.htm

• The UN Committee for the Convention on the Rights of the Child will be issuing its official report in January (available on the OHCHR website, as above).

• Coverage of the day by CRIN can be accessed at: http://www.crin.org/resources/infodetail.asp?id=26272, including interviews with the child participants.