|
|
Doc. 8479
13 July 1999
Mothers and babies in prison
Motion for a recommendation
presented by Mr Vis and others
This motion has not been discussed in the Assembly and only expresses the views of the members who have signed it |
1. The Assembly recognises that the United Nations Convention on the Rights of the Child 1989 Article 3, paragraph 1 says:
"In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the primary consideration."
2. The Assembly recognises that the European Convention on Human Rights 1950, Article 8 says:
"Everyone has the right to respect for his private and family life, his home and his correspondence."
3. The European Prison Rules as amended by the Council of Europe in 1987, Part II, number 7(1) says:
"No person shall be received in an institution without a valid comitment order."
4. Over the past few years the number of women sent to prison in many countries has increased. Council of Europe figures show 35,087 women in 32 countries in prison. The overwhelming majority of women sent to prison are convicted of relatively minor offences and do not represent a danger to the community.
5. It is not known how many of these women have babies or small children and therefore it is not possible to say how many young children suffer enforced separation from their mother. In England and Wales it is estimated that at least 60% of the women in prison have children under 18 years of age.
6. Whether children are allowed to stay with their mother varies in different countries. In Germany there are 6 closed prisons where children may stay with their mother up to 3 years of age, and 2 open prisons for those up to 6 years; in the Netherlands Ter Peel open prison has children up to 4 and there are 5 closed prisons for children up to 9 months; in Madrid prison children stay up to 6 years; in England and Wales up to 18 months; in Sweden children rarely go into prison with their mother.
7. The Assembly agrees with the majority of prison administrators that the prison environment is not healthy for children. There is evidence that the development of young babies is retarded by the restricted access to varied stimuli in closed prisons. It might be argued that the imprisonment of young children is contrary to European Prison Rules.
8. The Assembly believes the humane and practical way forward is for imprisonment to be used only in the absolutely last resort for women with children. Other sanctions should be developed which allow women to make restitution for crimes, which would be cheaper than prison and save the taxpayers money, and which have public confidence.
9. Accordingly, the Assembly calls upon the governments of member states of the Council of Europe to advance policies for female offenders which avoid unnecessary use of prison and to develop effective community penalties.
10. The Assembly recommends that the Committee of Ministers include in its intergovernmental work programme research and development of policy measures designed to achieve this.
Signed : 1
Vis, United Kingdom, SOC
Barsony, Hungary, SOC
Bindig, Germany, SOC
Brand, United Kingdom, LDR
Cilevics, Latvia, SOC
Cox, United Kingdom, SOC
Cryer, United Kingdom, SOC
Cunliffe, United Kingdom, SOC
Davis, United Kingdom, SOC
Etherington, United Kingdom, SOC
Flynn, United Kingdom, SOC
Fyfe, United Kingdom, SOC
Gjellerod, Denmark, SOC
Gross, Switzerland, SOC
Hancock, United Kingdom, LDR
Jones, United Kingdom, SOC
Jurgens, Netherlands, SOC
Kirkhill, United Kingdom, SOC
McCafferty, United Kingdom, SOC
McNamara, United Kingdom, SOC
O'Hara, United Kingdom, SOC
Ponsonby, United Kingdom, SOC
Prosser, United Kingdom, SOC
Pulgar, Spain, EPP/CD
Rapson, United Kingdom, SOC
Squarcialupi, Italy, SOC
Tabajdi, Hungary, SOC
Wray, United Kingdom, SOC
1 SOC: Socialist Group; EPP/CD: Group of the European People's Party; LDR: Liberal, Democratic and Reformers' Group