Many countries were observed by the UN Committees to fail in providing safe and adequate accommodation for children living with their mothers in prison and protecting them from exposure to trauma, neglect and abuse. 16 countries are in breach of the prioritisation of the “best interests of the child” principle when deciding whether the child can stay with their mother in detention, the provision of child care facilities and appropriate paediatric care, and that these Safe accommodation of children in detention Table 4 reveals a broad range of failures of states parties to prioritise the best interests of the child, and in their obligation to protect and uphold the basic human rights of children detained with their mothers in the 43 countries. A broad range of countries are represented, the majority of which are located in Africa (Benin, Burkina Faso, Burundi, Eritrea, Ethiopia, Kenya, Lesotho, Mali, Mauritius, Mozambique, Nigeria, Rwanda, South Sudan, Due process and prioritisation of “Best interest of the Child” The final data set of 51 UN Committee reports documented direct violations of the Mandela and Bangkok Rules in 43 countries, each with a diverse range of durations of time permitting children to stay with incarcerated mothers (6 months to 8 years, with Eritrea observing no limit). The search yielded 905 (316 CRC, 246 CEDAW, 173 CAT and 170 CCPR) reports promulgated since 2010-mid 2022, and were subsequently carefully screened using a range of search terms as illustrated in Table 2.Įach Committee report was then examined, by focusing on scrutinising the Results The rights of detained women and children are additionally provided for in the Convention on the MethodologyĪ comprehensive global search was conducted on the UN Human Rights treaty data base of all published treaty body (Concluding Observations) reports, confined to the Committees of the CRC, CEDAW, CAT and ICCPR since 2010. Table 1 presents all relevant international treaties and guidelines that guarantee children's rights in detention settings. The rights of children living in detention are protected by a range of positive obligations under a range of international treaties to uphold the human and health rights of people deprived of their liberty, with binding obligations to not ill-treat those in detention. Extant data indicates that at least 410,000 Treaties and guidelines that guarantee children's rights: Best interests of the Child The female prison population has increased by about 50 % since 2000, in comparison to the 18 % rise in male prisoners (Walmsley, 2017). 740,000 are women, with recent data indicating an increase of over 100,000 in this minority prison population in the past ten years (Penal Reform International, 2021). Over 11 million people are detained in prisons globally, with many prisons operating over capacity in 119 countries (Penal Reform International, 2021).
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