Download or read book Rights of the Child Mothers and Sentencing written by Alice Wambui Macharia and published by Routledge. This book was released on 2021-02-22 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author’s experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children’s rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child’s existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court’s discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children’s issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child’s rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement. The book will be a valuable resource for academic, researchers and policy-makers working in the area of international children’s rights law and criminal law.

Download or read book Maternal Sentencing and the Rights of the Child written by Shona Minson and published by Springer Nature. This book was released on 2019-12-24 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court’s paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.

Download or read book Parental Imprisonment and Children s Rights written by Fiona Donson and published by Routledge. This book was released on 2021-03-30 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together internationally renowned academics and professionals from a variety of disciplines who, in a variety of ways, seek to understand the legal, conceptual and practical consequences of parental imprisonment through a children’s rights lens. Children whose parents have been incarcerated are often referred to as "invisible victims of crime and the penal system." It is well accepted that the imprisonment of a parent, even for a short period of time, not only negatively affects the lives of children but it can also result in a gross violation of their fundamental human rights, such as the right of access to their parent and the right to have an input into decision-making processes affecting them, the outcomes of which will without doubt affect the life of the child concerned. This collection foregrounds the voice of these children as it explores transdisciplinary boundaries and examines the practice and development of the rights of both children and their families within the wider dynamic of criminal justice and penology practice. The text is divided into three parts which are dedicated to 1) hearing the voices of children with parents in prison, 2) understanding to what extent children’s rights informs prison policy, and 3) demonstrating how law in the form of children’s rights can help frame both court sentencing and prison practice in a way that minimises the harm that contact with the prison system can cause. The research drawn upon in this book has been conducted in a number of European countries and demonstrates both good and bad practice as far as the implementation of children’s rights is concerned in the context of parental incarceration. An accessible and compelling read, this book will appeal to students and scholars of law, children’s rights, criminology, sociology, social work, psychology, penology and all those interested in, and working towards, protecting the rights of children who have a parent in prison.

Download or read book Mothers in Prison written by and published by . This book was released on 2012 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Motherhood after Incarceration written by Melissa Thompson and published by Routledge. This book was released on 2021-04-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Motherhood after Incarceration: Community Reintegration for Mothers in the Criminal Legal System explores the relationships of women who have been recently released from prison or jail with their children immediately after periods of incarceration. The analysis draws on in-depth interviews with 39 women who are mothers and who had recently been released in the Portland, Oregon, metropolitan area. Using data collected from these interviews, the authors address three interrelated questions: (1) How does incarceration affect mother/child bonds? (2) What obstacles interfere with successful reintegration of these mothers into the community? (3) Do mothers who regain immediate custody of their children after incarceration reintegrate better than those with delayed (or no) resumption of child custody? Implications of these findings for policy are explored. The research results demonstrate the struggles justice-involved mothers experience over time as they seek to reintegrate into the community and resolve their relationships with their children, while also struggling with employment, housing, family relationships, and avoiding situations that might ultimately lead to recidivism. The authors suggest that policies for reducing recidivism among reentering women should provide more resources for housing, childcare, mental health, and job training and coaching. Further, there are often behavioral and emotional repercussions associated with the lengthy separation of mother and child, which highlights the need for parenting support for these mothers and their children, including social and emotional counseling, and resources directed toward the maintenance of family ties. This book’s detailed look at motherhood after incarceration, both for mothers with custody and without, will appeal to academics, policy makers, community advocates and activists, and undergraduate and postgraduate students in social science courses on correctional policy, gender and crime, and social work.

Download or read book Corporal Punishment of Children A Human Rights Violation written by Susan Bitensky and published by BRILL. This book was released on 2006-06-14 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles. The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada). Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence. Published under the Transnational Publishers imprint.

Download or read book When Mothers Go to Jail written by Ann M. Stanton and published by Free Press. This book was released on 1980 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Children of Incarcerated Parents written by Katherine Gabel and published by Lexington Books. This book was released on 1995 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: No descriptive material is available for this title.

Download or read book When the Innocent are Punished written by Peter Scharff Smith and published by Palgrave Macmillan. This book was released on 2014-06-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.

Download or read book The Impact of Sentencing and Other Judicial Decisions on the Children of Parents in Conflict with the Law written by and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available at: 0102+0+DOC+XML+V0//EN 15 The Impact of Sentencing and Other Judicial Decisions on the Children of Parents in Conflict with the Law Anniversary of the UN CRC, calling on the Commission "... to assess the impact of detention policies and criminal justice systems on children".60 In the Americas, the Organizati [...] She observed that the provincial government could not "sidestep the principle that in all state actions concerning a child, the best interests of the child shall be a primary consideration."84 In particular, the court concluded that the interests of mothers and infants to remain together is an aspect of security of the person (for both the mother and the child in relation to the benefits of stayin [...] In commenting on the jurisprudence on this Article 8 obligation to consider the interests of a dependent child and the consequences of a custodial sentence on family life, Minson, Nadin and Earle summarize a set of four guiding principles emerging from the case law, including: (1) The sentencing of a parent for a criminal offence engages the right to family life of both the parent and the child (... [...] A confluence of factors arguably were influential in this judgment, including, firstly, constitutional protection of the paramountcy of the best interests of the child conjoined with constitutional protection of a right to family or parental care; secondly, application of the ACRWC, including Article 97 See, e.g., R Epstein, 'Sentencing mothers: the rights of the child and the duties of the crimin [...] In making a decision to accept an offender into the FOSA program, the court is expected to balance a range of factors, such as the seriousness of the offence, the appropriateness of the alternative for the offender, and the safety and needs of the victim, the child, the public and the offender.155 A core principle in guiding such decisions is the best interests of the child, defined as a parenting.

Download or read book Implementation Handbook for the Convention on the Rights of the Child written by Rachel Hodgkin and published by United Nations Publications. This book was released on 2007 with total page 787 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.

Download or read book Imprisoned Fathers and Their Children written by Gwyneth Boswell and published by Jessica Kingsley Publishers. This book was released on 2002 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than 125,000 children in the UK alone are 'sentenced' to separation from their imprisoned parents. This book draws on extensive research and experience to examine the effect this kind of separation can have on the emotional development of a child and on family relationships. They make suggestions for work with prisoners and families.

Download or read book Children of Mothers in Prison and the Right to Family Life written by Great Britain. Parliament. Joint Committee on Human Rights and published by . This book was released on 2021 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Download or read book Prisons Punishment and the Family written by Rachel Condry and published by Oxford University Press, USA. This book was released on 2018 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the deprivation of liberty has been a central pillar in the Western mode of punishment since the early nineteenth century, we have only relatively recently embarked upon a serious discussion of the severe effects of imprisonment for the families and relatives of offenders and the implications this has for society. This book draws together some of the excellent research that addresses the impact of criminal justice and incarceration in particular upon the families of offenders. It assembles examples of recent and ongoing studies from eight different countries in order to not only learn about the secondary effects and 'collateral consequences' of imprisonment but also to understand what the experiences and lived realities of prisoners' families means for the sociology of punishment and our broader understanding of criminal justice systems. While punishment and society scholarship has gained significant ground in recent years it has often remained silent on the ways in which the families of prisoners are affected by our practices of punishment. This book provides evidence of the importance of including families within this scholarship and explores themes of legitimacy, citizenship, human rights, marginalization, exclusion, and inequality.

Download or read book Litigating the Rights of the Child written by Ton Liefaard and published by Springer. This book was released on 2014-09-29 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.

Download or read book Children of Incarcerated Parents written by Charlene Wear Simmons and published by . This book was released on 2000 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: March 2000.