Children of Imprisoned Parents

copertina def 1:copertina esterna 11-04-2014 17:53 Pagina 1

This publication, featuring a range of initiatives, expertise and good practice, is designed for professionals, volun - teers and decision-makers whose work impacts children with imprisoned parents, either directly (e.g., prison offi - About Children of Prisoners Europe cers) or indirectly (e.g., judges and sentencers). Seeking to C promote, expand and inspire good practice and policy An estimated one million children in Europe are sepa - h

i change for this group of children, it revolves around seven

l Children of Imprisoned Parents

rated from an imprisoned parent each year. Yet few peo - d broad themes:

ple are aware of the impact that a parent’s incarcera - r • The legal framework: international and European e

tion can have on a child. Children of Prisoners Europe n conventions, national law, maintaining family ties and

(formerly Eurochips) is a European-wide network which the best interests of the child o

encourages innovative perspectives and practice to f • The impact of parental imprisonment on children and

ensure that the rights of these children are fully respect - I young people’s lives. ed and that action is taken to secure their wellbeing m • Parenting from prison: support for the imprisoned p parent and the child-parent relationship

and healthy development . With the longstanding sup - r

i • How children can maintain contact with an

port of the Bernard van Leer Foundation, the network is s

o imprisoned parent a membership-based organisation made up of non-gov - n • Mothers and young children in prison

ernmental organisations and individuals across Europe e • Training, tools and methodologies to help reduce the and beyond, linked by a staff team based at its Paris d

adverse effects of imprisonment on children headquarters. Raising awareness among child-related P • Advocacy for policy and practice change to support agencies, prison services and policymakers to the specif - a

r children with imprisoned parents

ic needs of children of prisoners and promoting initia - e

n Each chapter showcases different national approaches tives that take these needs into account, the organisa - t and perspectives on current work being carried out across tion is seeking to: s Europe, exploring issues that transcend borders and natio -

• nal judicial and penal policies, rather than providing an Expand programmes that support the child-parent rela- exhaustive nation-by-nation approach. As a whole, the tionship and help minimise violence for children with publication offers a child-centred guide for ideas and ini - an imprisoned parent — Introduce the child’s perspec- tiatives to bolster the resilience of children whose parents tive throughout the criminal justice process, from arrest are in prison, protect their emotional, psychological and to resettlement — Foster cross-sectoral collaboration social development and foster and reinforce family ties. among public and private agencies involved in support - This updated second edition celebrates the 25th anniver - ing and making decisions about children of prisoners — sary of the adoption of the UN Convention on the Rights Obtain better information and greater visibility for pris - of the Child, a milestone for children’s rights, and the oners’ children and influence policy on their behalf — launch of Children of Prisoners Europe (formerly Promote the exchange of initiatives, expertise and good Eurochips) in 2014. practice for children with imprisoned parents — Enhance the competence of professionals within the field CHAPTER ONE:impaginato 11-04-2014 17:17 Pagina 3

Children of Imprisoned Parents

Second edition 2014 Edited by Kate Philbrick, Liz Ayre and Hannah Lynn CHAPTER ONE:impaginato 11-04-2014 17:17 Pagina 4

Discrimination is a rope that binds the soul and diminishes its light. Rejection becomes a part of daily life, stifling individual expression and human achievement. Children with imprisoned parents frequently suffer many forms of discrimination. Not only are they deprived of a parent, but they often bear the brunt of bullying, economic hardship, stigma, social exclusion and shame. Yet these children have done nothing wrong, and despite the multiple challenges they face, are not viewed as a group in its own right. I have spent many years speaking out against all forms of discrimination and actively defending the right to freedom of expression. The existence of this group of children and the discrimination they face deserves recognition, as do the many positive initiatives and ideas explored in this good practice guide. The aim is to help these children surmount their difficulties, gain a solid foothold in existence and move forward into light.

Taslima Nasrin Novelist, poet, human rights activist CHAPTER ONE:impaginato 11-04-2014 17:17 Pagina 5

CONTENTS

Acknowledgements 6

Avant-propos and Preface 7

Chapter 1 Introduction 11

Chapter 2 The historical and legal background 24

Chapter 3 The impact of a parent’s imprisonment on young people 41

Chapter 4 Parenting and prison 65

Chapter 5 Children visiting prison, and other forms of contact 87

Chapter 6 Women prisoners and children living with imprisoned mothers 112

Chapter 7 Training and children affected by the criminal justice system 135

Chapter 8 Advocacy for children of prisoners 160

Selected bibliography 189

Index 195

List of Children of Prisoners Europe members 198 CHAPTER ONE:impaginato 11-04-2014 17:17 Pagina 6

Acknowledgements

The CHILDREN OF PRISONERS EUROPE network would like to thank the Bernard van Leer Foundation for the support it has offered in creating, developing and promoting the network, as well as DG Justice of the European Union, which has made the publication of this book possi- 6 ble. The views expressed herein can in no way be taken to reflect the official opinion of the Eu- ropean Commission. We would also like to acknowledge all of the practitioners, professionals and experts who participated in the discussions and meetings to prepare the drafting of the various chapters, as well as those who actually contributed to writing this book. Their contribution has been invaluable. For their enthusiasm and commitment to Children of Prisoners Europe and for their willingness to assist in the research for this updated edition, the editors thank the growing and strengthening membership of the organisation across Europe in particular the support of the staff and board, including founder Alain Bouregba and current network President Lucy Gampell, both of whom also contributed significantly to the earlier edition of this book.

This work is fuelled by the inspiration of the children, authors, professionals and others working in the field. Particular thanks are due to Hannah Lynn for her intelligent and careful copy- editing and input, as well as to Marc Stettler and Monica Malone for their help in preparing the publication. Paola Costa instigated my involvement in the updating of the guide and has been a supportive companion throughout, conducting all the French, Italian and Spanish speaking research for this volume. I owe most particular gratitude to Liz Ayre, Director of Children of Prisoners Europe, for her visionary approach, intellectual rigour, understanding and encouragement in producing this book and for her commitment to the network. We hope this that document will prove helpful and that support and understanding for children with imprisoned parents will grow. – Kate Philbrick

“Children are not the people of tomorrow, but people now, right now, today. They are entit led to be taken seriously. They have a right to be treated by adults with tenderness and respect, as equals.”

Janusz Korczak (1879 –1942), champion for children’s rights CHAPTER ONE:impaginato 11-04-2014 17:17 Pagina 7

Avant-propos: Dès lors, il est nécessaire de per- mettre à tout enfant, quelle que soit Enfants de parents sa situation, de maintenir le plus détenus: perspectives étroitement possible des relations européennes avec sa famille, particulièrement avec son/ses parents. Le point de vue Examinant de manière plus spé- des droits de l’enfant cifique le dispositif mis en place par «Les droits humains ne s’arrê- la CDE, il paraît clair que lorsque tent pas aux portes des prisons. Ils l’enfant est dépourvu partielle- s’appliquent à tout individu arrêté ment/totalement de son encadre- ou incarcéré.»1 Donc aussi aux en- ment familial, il a droit à une pro- fants… et à leurs parents. tection spéciale; l’art 20 dispose Examinée du point de vue des que «Tout enfant qui est temporaire- droits de l’enfant, la douloureuse ment ou définitivement privé de son situation d’enfants de parents milieu familial, ou qui dans son pro- détenus revient à souligner une in- pre intérêt ne peut être laissé dans 7 justice: le(s) parent(s) est(sont) ce milieu, a droit à une protection et privé(s) de liberté et l’enfant est une aide spéciales de l’État». On puni de cette punition, puisqu’il est mentionnera en outre l’art 9, qui à son tour privé de son (ses) pa- prévoit à son par. 3, le principe du rent(s). droit de l’enfant de maintenir des Cette question ne fait pas l’ob- relations avec ses deux parents. A jet d’une disposition particulière de l’évidence, cette disposition s’ap- la Convention des Nations Unies re- plique au droit d’un enfant dont lative aux droits de l’enfant de l’un des deux parents (parfois les 1989 (CDE), mais l’on peut aisé- deux) sont privés de liberté d’en- ment la relier à diverses dispositions tretenir des relations (notamment de ce traité, en commençant par des visites) avec son parent empri- rappeler que la famille est consid- sonné. érée dans la Convention comme la Cette disposition a été confir- cellule de base2: mée par les recommandations faites «...Convaincus que la famille, par le Comité lors de la Journée de unité fondamentale de la société et Débat général de 2011 du Comité milieu naturel pour la croissance et des droits de l’enfant: le bien-être de tous ses membres et Pour les enfants séparés de leur en particulier des enfants, doit re- parent par l’incarcération cevoir la protection et l’assistance 38. Le Comité souligne que ces en- dont elle a besoin pour pouvoir fants ont le droit à des visites jouer pleinement son rôle dans la régulières avec leur(s) parent(s), si communauté...». celles-ci s’incrivent dans l’intérêt CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 8

supérieur de l’enfant. Dès lors, le Voire de renoncer à la privation de Comité recommande que des liberté pour privilégier la vie famil- mesures soient prises afin d’assurer iale? Combien d’enfants sont-ils en- que le contexte de la visite respecte tendus par l’autorité sur cette ques- la dignité de l’enfant et son droit à tion? la vie privée.3 Très peu souvent; trop peu sou- De plus, n’oublions pas de faire vent! référence à l’art. 5 qui reconnaît les Je pense que les États auraient droits et devoirs des parents de tout intérêt à impliquer dans leurs guider l’éducation de leurs enfants décisions, de manière effective, la et à l’art. 18 qui institue le principe donne « droits de l’enfant », notam- que la responsabilité d’élever l’en- ment à se poser la question de fant et d’assurer son développe- savoir si une privation de liberté ne ment incombe au premier chef aux risque pas de déséquilibrer com- parents. plètement des situations familiales, En plus, les principes généraux qui sont souvent très précaires et de 8 de la CDE devraient dicter l’applica- porter préjudice sérieusement au tion des droits de l’enfant. Nous développement harmonieux des en- pensons évidement au droit de l’enfants, but ultime de la CDE (art. 6)? fant de voir son intérêt supérieur Ce guide de bonnes pratiques de- être pris en compte comme une con- vrait contribuer à susciter ce débat sidération particulière (art. 3 par. 1) fondamental et renforcer la position et le droit de l’enfant de pouvoir des enfants dans cette situation fort être entendu dans toute décision douloureuse, pour eux, comme pour qui le concerne, son opinion devant leurs parents. être dûment prise en compte en re- Jean Zermatten 4 lation avec son âge et son degré de maturité. Combien de décisions prises à l’égard de parents condamnés à une peine privative de liberté sont- elles examinées à l’aune de l’intérêt de l’enfant à maintenir des relations régulières avec son/ses parents?

1Pratique de la Prison. Du bon usage des règles pénitentiaires internationales. Penal Reform International, réédition 2005 2Préambule de la CDE 3Rapport et recommendations de la Journée de Débat général de 2011 du Comité des droits de l’enfant sur « les enfants des parents incarcérés » , 30/09/2011 4Directeur de l’Institut international des droits de l'enfant, Sion, Suisse, Président du Comité des droits de l’enfant (2011-2013) CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 9

Preface: tion, to maintain as close a relationship and contact with his family Children of prisoners: as possible, particularly with his or European perspectives her parents. When this provision in the UN- The child rights perspective CRC is examined in more detail, it “Human rights are not left be- seems clear that when a child is par- hind at the prison gate: they apply tially or totally deprived of their to any individual arrested or incar- family structure, he or she has the cerated.5” So, therefore, also to chil- right to special protection; Article dren... and to their parents. 20 outlines that “A child temporari- When examined from a child ly or permanently deprived of his or rights perspective, the painful situa- her family environment, or in whose tion of children with imprisoned own best interests cannot be al- parents highlights an injustice: the lowed to remain in that environ- parent(s) is (are) deprived of free- ment, shall be entitled to special dom and the child is punished as a protection and assistance provided 9 result of this punishment, since they by the State”. We should also look in turn are deprived of their par- at Article 9, paragraph 3, which out- ent(s) in prison. lines the principle of the child’s This issue is covered by a specif- right to maintain relationships with ic requirement in the 1989 United both parents. Clearly, this provision Nations Convention on the Rights can be applied to the rights of a of the Child (UNCRC), but we can child who is separated from an im- easily relate it to various provisions prisoned parent (sometimes both within this treaty, starting by re- parents) to maintain relations (in minding ourselves that, in the Con- particular, visits) with the impris- vention, the family is considered as oned parent. the fundamental nucleus (or cell) in This point of view was con- society: firmed by the recommendations “... Convinced that the family, as made during the United Nations the fundamental group of society Committee on the Rights of the and the natural environment for the Child Day of General Discussion, growth and well-being of all its 2011: members and particularly children, For children left outside when should be afforded the necessary their parent is incarcerated protection and assistance so that it 38. The Committee emphasises that can fully assume its responsibilities children have the right to regularly within the community...”.6 visit their parent(s), if this is in their Therefore, it is necessary to al- best interests. In this context, the low any child, whatever their situa- Committee recommends that meas- CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 10

ures be taken to ensure that the vis- the child to maintain a normal rela- it context is respectful to the child’s tionship and normal contact with dignity and right to privacy.7 their parents? Indeed, how often Moreover, let us not forget to re- are prison sentences rejected in fer to Article 5 which recognises the favour of family life? How many rights and duties of parents to children’s opinions are heard by the guide the education of their chil- relevant authority in relation to this dren and to Article 18 which estab- question? lishes the principle that the respon- Very few; too few! sibility of raising a child and ensur- In my opinion, states have every ing their development lies, first and interest in effectively applying the foremost, with the parents. “child rights” agenda in their deci- Furthermore, the general princi- sions, notably in asking themselves ples of the UNCRC should dictate whether removing a person’s free- the application of the rights of the dom may risk completely unbalanc- child. We are, of course, thinking ing the family situation which is of- 10 about the right of the child to see ten very precarious, as well as seri- his or her best interests taken into ously harming the children’s bal- account as a primary consideration anced and safe development, which (Article 3, paragraph 1) and the Article 6 of the UNCRC ultimately right of the child to be heard in any seeks to protect? decision that affects them; their This good practice guide should views being given due weight in ac- help to invigorate this fundamental cordance with the age and maturity debate and strengthen the position of the child. of children in a situation which is How many decisions regarding very painful both for them and for parents sentenced to prison are ex- their parents. amined in light of the interests of Jean Zermatten 8

5Prison practice. Good use of the international prison rules. Penal Reform International, 2nd edition, 2005. (Pratique de la Prison. Du bon usage des règles pénitentiaires internationales. Penal Reform International, réédition 2005) 6Preamble of the CRC 7Report and Recommendations of the Day of General Discussion on “Children of Incarcerated Parents”, 30/09/2011, United Nations Committee on the Rights of the Child 8Director of the International Institute for the Rights of the Child (IDE), Sion, Switzerland, Chairperson of the UN Committee for the Rights of the Child (2011–2013) CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 11

Chapter one: Introduction

Chapter one: erated the first international debate Introduction among NGOs and policymakers around the issue of children of pris- This new edition of Children of Im- oners, as well as the first interna- prisoned Parents – European Per- tional group of recommendations.II spectives on Good Practice reflects Progress has not stood still there, welcome change in awareness, and in 2011 and 2012 respectively, knowledge and practice with re- the launch of Children of Impris- spect to what is being done, and oned Parents, a study spearheaded what can be done, to support the by the Danish Institute of Human needs and rights of children with Rights, and the Children of Prison- imprisoned parents.I ers: Interventions and Mitigations to Strengthen Mental Health (Cop- The year 2014 also provides an ing) study have pushed the limits opportunity to celebrate the twenty- further, opening up new avenues of fifth anniversary of the UN Conven- activity in Europe and beyond.III tion on the Rights of the Child, The original edition of this pub- 11 which the UN General Assembly lication was a Tower of Babel, a adopted and opened for signature melt ing pot of knowledge, experi- in 1989. This farsighted convention ence and ideas by authors from a made provision for the rights of chil- variety of profes sions and back- dren generally which are applicable grounds across Europe, with chap- to children affected by parental in- ters and passages translated from carceration; Article 9 specifically re- the French, German, Italian, Norwe- lates to children separated from gian, Swedish and Spanish, or writ- their parents, which include chil- ten directly in English. The linguistic dren of prisoners. Since then, at a and cultural medley of the original European level—largely through the volume is retained here, updated efforts of the Children of Prisoners and expanded: rights-based, psycho- Europe network (formerly Eu- logical, sociological and other theo- rochips) and its members—the visi- retical approaches versus concrete; bility of this group of children has conceptual versus hands-on; ab- increased, and changes in policy stract versus applied, highlighting and practice have been implement- obstacles versus good practice oped across Europe. A significant land- tions in working on behalf of chil- mark in this progress was the UN dren of prisoners. It is this hetero- Committee on the Rights of the geneity itself which provides the Child Day of General Discussion, book’s uniqueness and richness as it held in 2011, which, along with sup- attempts to bridge linguistic and porting workshops organised by the cultural gaps and open up new Quaker United Nations Office, gen- ways of acting and interacting with CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 12

children of imprisoned parents. publication is geared toward profes- In this revision, the Children of sionals, practitioners and policy- Prisoners Europe (COPE) network, makers, as well as for students and known as Eurochips until December anyone else interested in learning 2013, has sought to capture more about the topic. The book glimpses of how children of prison- looks at the legal background, the ers fare and are supported by its impact of imprisonment on children, members throughout Europe. The parenting from prison, children liv- network was created as an informal ing with imprisoned mothers, train- action research committee in 1990, ing needed for professionals and on the initiative of the French or- others whose actions impact chil- ganisation Relais Enfant Parents dren affected by incarceration and and the Bernard van Leer Founda- the growing advocacy for children tion, to provide a voice for children with imprisoned parents. It is a of prisoners and to explore innova- cause for celebration that there is tive, child-centred approaches to much more support and recognition 12 maintaining the child-parent bond for this formerly marginalised group in different European countries. The of children and their multiple and initial multidisciplinary team of ex- complex issues and needs, more perts working in prison-related or than this volume can possibly en- child welfare fields had grown by compass. 2013 to embrace fourteen full mem- Children of Prisoners Europe will ber organisations and a further sev- continue to work on behalf of chil- en applicant members from four- dren with imprisoned parents at the teen European countries, as well as national, pan-European and interna- affiliates from farther afield in Eu- tional level in the future. rope and the world. Content of this CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 13

Chapter one: Introduction

Children of Prisoners Europe timelineIV:

Save the Children asked by the Religious Society of Friends to take on the care of children visiting 1975 HMP Maze in Northern Relais Enfants Parents Ireland 1985 founded in France UN Convention on the Rights of the Relais with Bernard van Child adopted by the 1989 Leer Foundation set up UN European Action Research Committee on Eurochips presentation 1990 Children of Imprisoned at international Parents conference in Brussels on situation in 1997 13 8 countries Formal launch of Eurochips Eurochips conference in Paris 2000 constitution Launch of “Children of Imprisoned Parents: European Justice Albie Perspectives on Good Practice” 2006 Sachs landmark judgement S v M 10 members 8 countries 2007 (2007) ZACC 18

Launch of “Children of Launch of Coping report Prisoners” (DIHR et al) at and conference in Brussels UNCRC Day of General 2011 Discussion Inclusion of children of prisoners in definitions of “vulnerable children” used by Eurochips receives European 2012 both UNICEF and European Commission operating grant Commission

Rebrand of network to 2013 Human Rights Council Children of Prisoners Europe Resolution on the Rights of the Child (March 2012) 50 members and affiliates emphasises need for children in 20 countries worldwide to be informed of place of parent’s imprisonment CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 14

COPE recognises that each indi- be a primary consideration.” Article vidual is unique, and that there are 9(3) commits states to “respect the many pathways by which parental right of the child who is separated incarceration may affect a child’s from one or both par ents to main- well-being. Each situation is differ- tain personal relations and direct ent, and ideally, support for children contact with both parents on a reg- affected by parental incarceration ular basis, except if it is contrary to should be individualised according the child’s best interests”. According to each child’s best interests. Yet to Article 12, children have the right what exactly are the child’s “best in- to have opinions in all matters af- terests” and how can they be as- fecting them, and those views sessed and determined? The au- should be given due weight “in ac- thors, contributors, interviewees cordance with the age and maturity and reviewing editors of this volume of the child”—in other words, chil- acknowledge these limitations, pre- dren have a right to be heard and to senting here a consensus and guide- have their views taken seriously, in- 14 lines on how to support children cluding in any judicial or adminis- dealing with parental incarceration trative proceedings affecting them. to form the best possible relation- On a European level, under the ship with the imprisoned parent, Lisbon Treaty, the 2000 Charter of and ultimately with themselves. Fundamental Rights of the Euro- This involves efforts to safeguard pean Union became binding when family ties and to foster an internal EU law is implemented. The rights sense within the child of what John of the child are enshrined in Article Bowlby called a “secure base”.V 24. The Charter of Fundamental Rights, the UNCRC, the European Convention on Human Rights and Our vision includes: other treaties in which the rights of Recognition of the rights of children with imprisoned parents children with imprisoned parents are enshrined are explored further The framework of the 1989 UN in Chapter 2 of this book. Convention on the Rights of the Child, and, in particular, Articles 1, Recognition that considerable 2, 3, 6, 8, 9, 12, 20 and 30, under- numbers of children are affected pins these concerns. Article 3(1) by their parent’s imprisonment reads: “In all actions concern ing throughout Europe children, whether undertaken by Despite the acknowledgment of public or private social welfare insti- children of prisoners as rights-hold- tu tions, courts of law, administra- ers, their numbers remain uncertain tive authorities or legislative bodies, and few statistical records are kept the best interests of the child shall on the parental status of prisoners. CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 15

Chapter one: Introduction

There is a great need to develop sys- (numbers of children with a parent tems for collecting information on in prison at a single point in time) parental status and in turn, to sys- or to the “flow” population (num- tematise this information on a na- bers at some point in a given year). tional level. Yet the COPE network Overall, the figures are far from con- extrapolates that over one million clusive, but give a rough idea of the children in the European Union are number of children concerned. The separated from an imprisoned par- Parliamentary Assembly of the ent at some point in a given year. Council of Europe calls on member This extrapolation uses a demo - states to record the number, age graphic “parenting rate” of 1.3 off- and location of a prisoner’s children spring per offender, based on the re- upon entry to the prison.X sults of a 1999 study conducted by Children of Prisoners Europe is France’s national sta tistics institute currently working with the Brussels- INSEE as part of a national census, based NGO Europris to explore ex- which included seventeen hundred panding personal data collection by male offenders.VI Other methods of EU member state prison services to 15 assessing numbers have been used. include information on parental sta- A 2012 Justice Ministry survey in tus and numbers of children per England and WalesVII used a rate of prisoner, despite the intrinsic limita- 1.14 children per prisoner, corre- tions of this method.XI As a final sponding roughly with Murray and note, this publication focusses on Farrington’s estimates that impris- the children of imprisoned parents, oned men have an average of 1.15 whereas all children with a family children while the average for member in prison—siblings, grand- women is 1.36.VIII The Center for the children, cousins, etc.—may also ex- Children of Imprisoned Parents in perience repercussions of the incar- the United States uses formulae ceration, particularly with respect to based on findings from various stigma. They are not quantified in studies that determined the aver- the sampling of coun tries that ap- age percentages of imprisoned men pears on the following page, show- and women with dependent chil- ing rough extrapolations of “stock” dren, and the mean number of de- populations based on a COPE rate pendent children per imprisoned of 1.3 offspring per prisoner. mother and per imprisoned father: # male offenders x 0.56 x 2 and # female offenders x 0.67 x 2.4.IX Esti- mates of the number of children impacted by parental imprisonment need to specify whether numbers refer to the “stock” prison population CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 16

Country Prison Prison population Number of children Number of children population rate per 100,000 separated from an separated from an imprisoned father imprisoned mother (extrapolation) (extrapolation)

Belgium 12,126 108 15,763 545 Croatia 4,741 108 6,163 307 Czech Republic 1,6257 154 21,134 1,999 Denmark 4,091 73 5,318 232 Finland 3,134 58 4,074 296 16 France 62,443 98 81,175 3,134 Germany 64,379 79 8,3692 5,029 Greece 12,479 111 16,222 720 Ireland 4,068 88 5,288 204 Italy 64,835 106 84,285 3,650 Luxembourg 656 122 787 46 Netherlands 13,749 82 17,873 950 Norway 3,649 72 4,743 271 Romania 33,015 155 42,920 1,656 Slovenia 1,357 66 1,764 65 Spain 68,220 147 88,686 6,988 Sweden 6,364 67 8,273 507 Switzerland 6,599 82 8,578 421 United Kingdom England/Wales 84,430 148 109,759 5,278 Northern Ireland 1,851 101 2,406 57 Scotland 7,855 147 10,211 583

Source: Children of Prisoners Europe based on International Centre for Prison Studies data: World prison population list (10th edition 2013). Note: The figures for the prison populations vary with the rate of imprisonment in each nation, and do not therefore correlate with the size of the population at large. Based on figures for the countries in table representing data for 2013 compared with data for 2005. http://www.prisonstudies.org/sites/prisonstudies.org/files/resources/downloads/worldprison-population-list-2005.pdf CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 17

Chapter one: Introduction

Recognition that children of prison- bust child-centred research is still ers constitute a group of vulnera- needed to inform and refine the de- ble children with special needs velopment of policy and practice to Children separated from impris- help mitigate these risks. oned parents have been referred to In short, as Shaw has seminally as “forgotten children”, “collateral highlightedXII, these children consti- victims”, “hidden victims of impris- tute a group at risk, and failing to onment” or “orphans of justice”. It is buffer the impact of imprisonment only in recent years that this group on children can have repercussions has been acknowledged as one fac- on their development. From a socio- ing special and often multiple diffi- logical point of view, the Coping culties and predicaments, partly as study considered risks of mental a result of work by COPE and its health difficulties as well as strate- members on the European level, gies for increasing resilience of chil- and by the Quaker United Nations dren of prisoners, interviewing over Office (QUNO) at an international seven hundred children.XIII The level. Indeed, despite a growing French psychoanalyst Alain Boureg- 17 body of research, these children still ba, who has been highly influential are frequently overlooked in nation- in developing thinking with respect al policies as comprising a group in to children of prisoners, points to their own right with special needs. the risk to a child’s socialisation, Research on children with impris- their emotional maturity and their oned parents is by no means com- ability to learn. Some other re- plete. Longitudinal studies and searchers focus more on studies more studies that examine chil- which demonstrate the risks of the dren’s experiences based on their child ultimately reproducing the own accounts are needed to identi- par ent’s delinquent behaviour as an fy and better under stand the mech- adult.XIV Some childhood profession- anisms by which parental imprison- als, however, refute any kind of rement affects children. Progress is be- ductionist approach. The French ing made to provide a research base child psychiatrist Marcel Rufo,XV for for the awareness that practitioners example, criticises transgenera- working with children have devel- tional theories as “extremely devas- oped. Current knowledge from ex- tating myths”. Boris Cyrulnik,XVI a perience and research is that the im- French neuropsychiatrist who has pact of imprisonment on families broad experience with victims of can be severe and long-lasting, par- childhood distress, maintains that ticularly for children, who may suf- “nothing is ever played out in ad- fer emotionally, socially, financially vance and [that] many traumatic and educa tionally as a result of experiences during childhood can parental incarceration. Further ro- lead to the devel opment of stun- CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 18

ningly efficient coping strategies in repercussions for them, for example some subjects.” All work with or on through the use of child impact behalf of children of prisoners as a statements, based on UNCRC Arti- collective or as individuals needs to cle 3(1). In the Constitutional be profoundly thought through to Court’s groundbreaking decision in ensure it does not add to their bur- South Africa, S v M (2007),XVIIJustice dens or stigma, but rather empow- Albie Sachs created a legal prece- ers them and bolsters their sense of dent by considering that primary themselves. Their proven sensitivity caregivers may in certain cases not to the inherent difficulties of impris- be sent to jail, and if they are im- onment has led Children of Prison- prisoned, the court has to take re- ers Europe to emphasise that the sponsibility for what happens to the risks to these children constitute a children. In Slovenia, if both parents public health issue. are sentenced to prison, it is possible for them to alternate serving Recognition that professionals and their sentences in order to provide 18 others whose actions or behaviour continuity for their children. have an impact on these children’s Prison officers need training to lives can give them a better start know how to buffer the violence of in life by considering their needs the harsh prison world. Contact It has been increasingly recog- with an imprisoned parent can face nised from listening to children with systemic hurdles, such as a lack of imprisoned parents that potentially appropriate visits facilities. While adverse effects stemming from the most prisoners in Norway and Swe- arrest and criminal justice process den have private visits, the majority impact the child well before the par- of countries have more restricted ent reaches prison. communal facilities. Yet some pris- Police forces can mitigate trau- ons manage to foster quality con- ma by ensuring that an arresting of- tact, e.g., Spazio GialloXVIII; and the ficer has child-specific training—ex- trilieux run in Belgium (see Chapter plaining what is happening and 5), which offer physical and emo- taking children into another room tional contact in an ameliorated set- to avoid witnessing their parent be- ting. Child-friendly prison design, ing handcuffed, for example. Specif- visits facilities, regulations and ic relevant police protocols are in arrangements sensitive to children’s place in such countries as the Unit- ages and needs help children and ed States (San Francisco), Poland parents reconnect. There has been and Denmark. some progress in the use of IT to al- Judges can take children into low spontaneous exchanges about account when sentencing their par- meaningful events, pilot projects us- ents, by considering the potential ing Skype in Norway and limited CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 19

Chapter one: Introduction

cell phone use by prisoners, for ex- prisoned parents. Prison visits can ample in some prisons in England be a source of anxiety for children. and Slovenia. One way of alleviating anxiety is School teachers sensitised to through open communication, what a child is experiencing will be which has been highlighted by stud- better equipped to provide support. ies as a protective factor for chil- Families Outside in Scotland has a dren’s resilience. programme to raise awareness There are many ways in which amongst teachers. FFP Norway sen- volun teers can provide a “secure sitises both teachers and students base”. through role-playing initiatives in The presence of a volunteer ac- schools. companying the child can provide a Media can hound a prisoner’s secure base, as the volunteer gradu- family particularly during the trial ally becomes associated with the period. Protection of the child from child’s home, continuity and securi- the media is a crucial element of ty (volunteers in many prison visits this support. schemes pick up children from their 19 Volunteers and other workers homes and accompany them to with children can help to provide a prison visits on a regular basis, thus secure base. providing a sense of continuity for As Baroness Hale, UK Supreme the child). Ideally, the volunteer ac- Court Judge, said: “Everyone who companies the child into the prison plays a part—either in the criminal setting and provides support for justice system or in the parenting both the child and the imprisoned and education of the children in- parent—fostering emotional com- volved—needs to recognise the munication and helping the impris- needs of these children and make oned parent be attuned to the proper provision for them.”XIX child’s signals. The volunteer can neutralise situations in a sensitive Recognition of the importance of manner. What to do with a child’s promoting initiatives that protect distress when the parent is the and support the child-parent bond source of distress? The volunteer Specific initiatives in several Eu- plays a key role. If an imprisoned ropean countries actively support parent uses the child to obtain in- the child separated from an impris- formation about the partner, for ex- oned par ent, to help mitigate trau- ample, the child, feeling uncomfort- matic experiences and protect child able about being placed in this role, development. Initiatives range from tends to speak to the volunteer promoting child-friendly visits areas about this conflict, not to either par- in prisons to volunteer schemes for ent/caregiver. If there is conflict be- accompanying children to visit im- tween the two parents, the child CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 20

can feel torn, and tends to speak emphasises how “revising prison vis- not to either parent or carer, but to itation policies to make them more the volunteer. These are just some ‘visitor friendly’ can yield public of the many ways in which volun- safety benefits by helping offenders teers can provide a secure base. establish a continuum of social sup- Some initiatives also support im- port from prison to the community”. prisoned parents. Imprisonment in- The ethical issue of using children evitably involves a loss of freedom; as levers in the rehabilitation agen- it should not exacerbate the exclu- da is one which NGOs across Europe sion and emotional isolation of the are increasingly aware of; yet in offender, but go hand in hand with some European countries where re- a well-defined approach to combat- habilitation is seen as key, NGOs ing exclusion. Prisoner-parent sup- find this is still the strongest argu- port initiatives can help reaffirm a ment for triggering child-friendly sense of parenthood, support the change from prison authorities. The child-parent relationship, and en- need for prisons to retain some con- 20 able parents better to help their trol whilst respecting the children’s children. Remaining aware of what need for good visits is problematic if is happening in their children’s lives, the prisoner’s behaviour causes con- being consulted on decisions concern. Children of Prisoners Europe cerning the child, and being able to emphasises that a child’s right to exercise parental authority can fur- maintain contact with an impris- ther empower offenders, particular- oned parent is inviolable, when con- ly within a context in which respon- tact is in the child’s best interests. A sibility is taken away and decisions child’s right to maintain contact are made by others. Allowing the with an imprisoned parent must not parent to maintain family ties sup- be reduced to a disciplinary meas- ports the resettlement process. A ure. Security concerns must not pre- 1972 study of California prisonersXX vail over children’s well-being but in- found that offenders who had regu- stead be made compatible with this lar, ongoing visits were six times less right. likely to reenter prison during their first year following release than Recognition that children themselves those who had no visitors; this has need to be at the heart of the work been borne out by recent research.XXI and be consulted and involved The 1972 researchers suggest that Children need to participate in “it might be well to view the in- order to exert agency; rather than mate’s family as the prime treat- “being done to”, they can “act on”, ment agent and family contacts as finding meaning for themselves and a major correctional technique”. better assisting in assessing their And 2011 Minnesota researchXXII needs. In Norway, advisory groups CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 21

Chapter one: Introduction

of young people with a parent in by the examples of good practice in prison are consulted to describe this book. In embracing the themes their needs, give advice and sugges- outlined above, the following chap- tions and contribute to CRC shadow ters reflect insights gleaned from reports. The research design of the European exchanges generated by Coping study incorporated child the Children of Prisoners Europe participation into its methodology. network. It is an ongoing process of Children can be consulted less for- reflection, assimilation and adapta- mally to ensure that their voices are tion, to ensure that our good prac- heard, as in the EU-level Coping tice is made even better as our ex- conferenceXXIII where young people perience and knowledge grow. As from Sweden and the UK gave pre- network founder Alain Bouregba sentations, and as two young peo- has said: ple from the UK did at the UN Day of General Discussion in 2011. A Childhood is a time for flight, good practice example of involving for a carefree exploration of the children informally is the approach surrounding world. It must be 21 adopted by Relais Enfants Parents protected and preserved from Romands in SwitzerlandXXIV, which obligations that adversity may works to foster agency in the child bring about. A sense of respon- during support sessions by allowing sibility should not be rooted in an interplay of the child’s own imag- constraint, but in unrestricted inary world with the reality of the interaction with one’s environ- encounter with the parent. ment. Although prison populations Children who have to deal with fluctuate by country, there has been parental incarceration risk los- an overall rise in Europe of both ing their innocence in the men and women in prison since process. Their difficulties are re- 2005, many of whom are mothers al but invisible. Highlighting and fathers.XXV The numbers of non- these difficulties is the primary national prisoners is also increasing, objective of the members of the bringing further difficulties of com- COPE network. Their action not munication with families abroad. only supports the children, but The economic crisis and cuts to serv- also reinforces the human val- ices and funding also present chal- ues on which civilisation itself is lenges to many of those working on based. behalf of children with imprisoned Good intentions alone are not parents. Yet the resilience and com- enough to make action appro- mitment of those supporting prison- priate, however. To translate ers’ children remains high despite good intentions into right ac- these challenges, as demonstrated tion, they need to be well-in- CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 22

formed and enlightened—a Original introduction drafted by Liz process requiring rigorous criti- Ayre (France) with contributions cal analysis of one’s action on a from Kate Philbrick (Great Britain) regular basis. and Marie-Jeanne Schmitt (Luxem- The quality and depth of reflec- bourg); second edition editors Kate tion on support initiatives for Philbrick, Liz Ayre and Hannah children demonstrate the ability Lynn, with research by Paola Costa. of COPE network members to develop right action based on their good intentions. This good practice guide is a fine illustration of this ability.

I Ayre, L. et al. (2006). Children of Imprisoned Parents: European Perspectives on Good Practi- CE. PARIS: EUROCHIPS II Robertson, O. (2012). Collateral Convicts: Children of incarcerated parents. Recommendations and good practice from the UN Committee on the Rights of the Child Day of General Discussion - 2011. Geneva: Quaker United Nations Office. III Scharff-Smith, P., & Gampell, L. (2011). Children of Imprisoned Parents. University of Ulster and Bambinisenzasbarre, The Danish Institute for Human Rights, Denmark, European Network for Children of Imprisoned Parents. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/DIHR.pdf Children of Prisoners: Interventions and mitigations to strengthen mental health. (2013). Jones, Adele, Bernard Gallagher, Martin Manby, Oliver Robertson, Matthias Schützwohl, Anne H. Berman, Alexander Hirschfield, Liz Ayre, Mirjam Urban, and Kathryn Sharratt. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf IV See Children of Imprisoned Parents; Family Ties and Separation (1996). Report on the situation in eight European countries, European Action Research Committee on Children of Impris- oned Parents: Paris. See also: Human Rights Council, 19th session, Resolution Rights of the child, 23 March 2012, A/HRC/RES/19/37, para 69(e). Available online at: http://srsg.violenceagainstchildren.org/sites/default/files/documents/docs/A-HRC-RES-19- 37_ENG.pdf V Bowlby, J. (2008). A secure base: Parent-child attachment and healthy human development. Basic Books. VI Cassan, F. (2002). L’histoire familiale des hommes détenus (Vol. 59). INSEE. Available online at: http://www.insee.fr/fr/ffc/docs_ffc/ip706.pdf VII Williams, K. et al. (2012). Prisoners’ childhood and family backgrounds. Results from the Surveying Prisoner Crime Reduction (SPCR) longitudinal cohort study of prisoners. London: CHAPTER ONE:impaginato 11-04-2014 17:18 Pagina 23

Chapter one: Introduction

Ministry of Justice. Research Series 4/12. Available online at: http://www.insidetime.co.uk/resources/MoJ_Research-Analysis/prisoners-childhood-family- backgrounds-05-12.pdf VIII Murray, J and D.P. Farrington, (2008). ‘The effects of parental imprisonment on children’. In Tonry, M. (ed) Crime and Justice, a review of research, Vol. 37, pp. 133–206. Available online at: http://www.jstor.org/discover/10.1086/520070?uid=3738016&uid=2&uid=4&sid= 21103487313687 IX See Gabel, K. and Johnston, D. (eds) (1995). Children of Incarcerated Parents. New York: Lexington Books. X Parliamentary Assembly of the Council of Europe (2009). Women in Prison. COE Parliamentary Assembly Resolution 1663, 28 April 2009, pt 3. XI Obstacles include self-reporting by parents, some of whom are wary that their child may be taken into care. XII Shaw, R. (Ed) (1992). Prisoners’ Children: What are the issues? Routledge: London. XIII Jones, Adele, Gallagher, Bernard, Manby, Martin, Robertson, Oliver, Schützwohl, Matthias, Berman, Anne H., Hirschfield, Alexander, Ayre , Liz, Urban , Mirjam, Sharratt, Kathryn and Christmann, Kris (2013) Children of Prisoners: Interventions and mitigations to strengthen mental health. University of Huddersfield, Huddersfield. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf XIV See for example, Murray, J., Janson, C. G., and Farrington, D.P. (2007) Crime in adult offspring of prisoners: A cross-national comparison of two longitudinal samples. Criminal Justice and Behaviour, 34, no 1, p. 133-149. 23 XV Rufo, M. (1995). ‘Liens familiaux et détention’. In: Transitions, n°39: Paris. XVI Cyrulnik, B. (1993). Les nourritures affectives. Odile Jacob: Paris. XVII Justice Albie Sachs on The Rights of the Children of Prisoners. (2009). This is a transcription of a lecture delivered in Edinburgh by Justice Albie Sachs on S v M [2007] ZACC 18. Available online at: http://www.sccyp.org.uk/downloads/Policy/Justice_Sachs_Lecture_ Transcribed.pdf Additional information concerning the case S v M [2007] ZACC 18 available online at: http://www.saflii.org/za/cases/ZACC/2007/18.html XVIII Further information about Spazio Giallo available online at: http://www.bambinisenzasbarre.org/ XIX Hale, Baroness. (2013). Conference Outcome Report. In: Coping with a Parent in Prison: An agenda for policy reform, COPE Special Edition Newsletter. p. 2. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/ConferenceOutcome.pdf XX Holt, N., & Miller, D. (1972). Explorations in inmate-family relationships (No. 46). Sacramen- to, CA: California Department of Corrections. XXI Bales, W. D., & Mears, D. P. (2008). Inmate Social Ties and the Transition to Society. Does Visitation Reduce Recidivism? Journal of Research in Crime and Delinquency, 45(3), 287-321. xxii The effects of prison visitation on offender recidivism. (2011). St. Paul: Minnesota Depart- ment of Corrections. Available online at: http://www.doc.state.mn.us/pages/files/large- files/Publications/11-11MNPrisonVisitationStudy.pdf XXIII Conference Outcome Report. (2013) op. cit. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/ConferenceOutcome.pdf XXIV Schekter, V. and L. Bornand, (2013). Relais Enfants Parents Romands (REPR): Our Values. In: Prison Visits & Families: Impacts, Successes & Struggle, COPE Special Edition Newsletter. p. 6-7. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/PrisonVisits Newsletter4Site.pdf XXV Walmsley, R. (2005). World prison population list (sixth edition). King’s College London: In- ternational Centre for Prison Studies. Based on figures for the countries in the table representing data for 2013 compared with data for 2005. Available online at: http://www.prisonstudies.org/sites/prisonstudies.org/files/resources/downloads/worldprison -population-list-2005.pdf chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 2

Chapter two: parenting groups in prison, has The historical been adopted across France, and in and legal background Switzerland, Belgium, Italy and Lux- embourg. In Scandinavia and Ger- many, concerns arose in the 1990s Over the last forty years, European placing greater emphasis on a organisations have acted on hu- child’s rights approach to how chil- manitarian concerns to support dren should be considered, with the children with parents in prison in UN Convention on the Rights of the Europe. The type of support has Child (UNCRC) being adopted in varied; the core issue of attempting Norwegian law in 1992 and rights to reach up to the children and being preeminent in the Swedish minimise the damage done to approach. Since a major European them by parental incarceration conference on the issue organised is shared. by Children of Prisoners Europe (then Eurochips) in 2006, interest In the UK, the first prison visitor 24 has grown across Western and East- centre opened in Birmingham in ern Europe with respect to the issue 1969, and an early discussion of of children of prisoners, with a sig- provision for children visiting prison nificant development of support for arose in 1975 from a request by the them and greater awareness of their Quakers to Save the Children to needs.II oversee the care of the children at The importance of ensuring that the politically riven Maze prison dur- children see their parents and the ing the Troubles in Northern Ire- extent to which the concept of keep- I land. Humanitarian approaches de- ing families together is considered veloped further in the UK with wide- important varies from country to spread visitor centres and a growing country, as does the value placed number of supervised play areas in- on parental contact. In the UK, for side prisons, pragmatic responses to example, the extent to which social the visible hardships of children and services place children in care early families visiting penal establish- on because of deemed unsatisfacto- ments. The 1980s saw the develop- ry parenting has reached a new lev- ment in France of the Relais Enfants el.III The underlying logic is that chil- Parents movement, based on psy- dren will suffer less from toing and choanalytic principles and the froing out of care when their par- rights of imprisoned parents to see ents repeatedly fail them; this has their children, providing specially an impact on the effort made to en- trained volunteers to accompany sure these children and others in children to visit parents in prison. foster care see their prisoner-par- This approach, which also supports ents. Norway, where the majority of chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 15

Chapter two: The historical and legal background

the population come from small that the European Convention must tightly knit communities, promotes be interpreted in the light of other inclusion of all, resulting in general- international instruments; Article 8, ly less stigmatisation and greater in particular, has to be interpreted support for each family, though less in light of the UN Convention on so in cities. In Italy, the notion of the Rights of the Child. Article 3 of community support is less devel- the UNCRC states that in all actions oped, with far more focus on family concerning children, the best inter- support. The concept of family is so ests of the child shall be a primary strong in Poland that it made a consideration, not the paramount, reservation regarding the rights of not even the primary consideration, the child by connecting the imple- but still a primary consideration, mentation of the UNCRC to respect which has always to be taken into for the rights of parents and carers account. Article 24(2) of the Euro- and to Polish culture and traditions pean Union Charter of Fundamen- regarding the position of the child tal Rights is to exactly the same ef- IV fect. Article 9(3) of the UNCRC rein the family and society. 25 This balance of the rights of chil- quires that States Parties ‘respect dren with those of their parents in- the right of the child who is sepa- deed forms a large part of the diffi- rated from one or both parents to culty in creating support for these maintain personal relations and di- children’s rights, when it is their par- rect contact with both parents on a ent who is enmeshed in the criminal regular basis, except if it is contrary justice system. to the child’s best interests’. Article “Until quite recently, the issue 24(3) of the European Union Char- of children affected by parental inter of Fundamental Rights says ex- carceration has not been regarded actly the same. Article 9(4) of the as a children’s rights issue—but it UNCRC states that if a parent is im- surely is a children’s rights issue. Ar- prisoned, ‘States Parties shall pro- ticle 8 of the European Convention vide essential information concern- of Human Rights guarantees to ing the whereabouts of the parent ‘everyone’ the right to respect for unless the provision of the informa- their private and family lives. ‘Every- tion would be detrimental to the one’ includes children as well as well-being of the child’— not the grown-ups. The prevention of a dis- well-being of the system. The legal order or crime is of course the legit- systems of our countries should imate aim of the interference, but therefore also be recognising and the question remains whether the respecting the rights of these chil- seriousness of the crime is such as dren.” to justify the seriousness of the in- —The Right Hon the Baroness Hale terference of the child’s rights. The of Richmond, 2012V European Court of Justice is clear chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 16

European case law on maintain- 2010), the latter two providing non- ing contact between children and legally binding international guid- imprisoned parents has evolved con- ance. siderably, according to Smit and The legal status of each treaty is Snacken: “Where the EComHR ac- different, however, and until cepted restrictions on the possibili- processes are clarified, it may ap- ties for children to visit their impris- pear that there is a “surfeit of rights, oned parent, justified by the con- lost in complexity”.IX The parenthood cern for their health and morals, the of people who are arrested or who ECtHR has stated more recently stand trial is not a major issue in that children are part of the family most European criminal legal sys- of the prisoner and their visits are tems. In many jurisdictions, pre-sen- therefore protected by Article 8 of tencing reports are required by the the ECHR.”VI court which will have reference to For the European Court of Hu- the convicted person’s family situa- man Rights (ECtHR), the right to tion, but they are not decisive in de- 26 protection of family life enshrined ciding the prisoner’s fate. For the in Article 8 involves the right for public at large, prisoners are indi- parents and children to meet and to viduals who have broken the law, correspond, and for the parents to and it is difficult for many people to exercise parental rights over their regard them as fathers and mothers children. Parents who are impris- who wish to continue caring for oned must not summarily lose their their children. There may be more parental rights, and the best inter- acceptance by the public at large ests of the child should always pre- for the children of the relatively few vail.VII According to the Court, an in- political prisoners, but these chil- herent aspect of prisoners’ right to dren still experience the difficulties family life is that prison authorities linked to separation. support them in maintaining this The children of imprisoned par- contact.VIII ents are not the only ones to be sep- In addition to the ECHR, the le- arated from their parents. However, gal basis for state accountability legally, the position of children of can be found in several other hu- imprisoned parents is rather differ- man rights treaties: the UNCRC, the ent, for example, from that of the Charter of Fundamental Rights of children of divorced parents, or the European Union, the European those who have been taken into Prison Rules 2006 and the much- public care, although in all cases, needed Bangkok Rules (United Na- the child’s own conduct is unrelated tions Rules for the Treatment of to the separation. Women Prisoners and Non-custodial In private child law, family life Measures for Women Offenders, and the bond between parents and chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 17

Chapter two: The historical and legal background

children is protected to a large ex- Relevance and enforcement tent. From a human rights perspec- of treaties concerning children tive, one could argue that the state with imprisoned parents is under the same positive obligation to make provisions and facili- Convention on the Rights of the ties to limit the damage caused by Child 1989: a landmark instrument the interference with family life re- The Convention provides holisti- sulting from the state’s incarcera- cally for the care of all children, in- tion of the parent. In one case in cluding children of prisoners.XI We the UK, the father was serving a highlight here a few articles of par- long-term prison sentence and ap- ticular relevance to children with im- plied for indirect contact with his prisoned parents: three-year-old son with whom he Article 2(3) had no relationship and who had The right to protection against no knowledge of his existence.x The discrimination mother opposed all forms of con- States Parties shall take all appro- tact. The court held that it was a priate measures to ensure that the 27 fundamental right of the child to child is protected against all forms grow up with some knowledge and, of discrimination or punishment on where possible, contact with his bi- the basis of the status, activities, ex- ological father. Further, because the pressed opinions or beliefs of the mother’s solicitors were willing to child’s parents, legal guardian, or pass letters from the father to the family members. child, an order for indirect contact Article 3 was made. Interestingly, the court In all actions concerning children, recognised the child as possessing whether undertaken by public or rights of his own—the right to know private social welfare institutions, his father even though the latter courts of law, administrative author- was in prison. It also raised a practi- ities or legislative bodies, the best cal point to bear in mind when at- interests of the child shall be a pri- tempting to maintain the relation- mary consideration. ship between imprisoned parent Article 5 and child. Indirect contact by way of States Parties shall respect the re- letters should not be forgotten as a sponsibilities, rights and duties of means of developing the relation- parents or, where applicable, the ship, especially if the child displays members of the extended family or reluctance in seeing the prisoner- community as provided for by local parent. custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 18

of the child, appropriate direction things like sport, music and drama. and guidance in the exercise by the child of the rights recognised in the The UN Committee on the present Convention. Rights of the Child (CRC) states Article 9 that in case of any conflict in legis- The right to “ensure that a child lation, predominance should always shall not be separated from his or be given to the UNCRC in light of her parents against their will”. Article 27 of the Vienna Convention 9(3) State Parties shall respect the on the Law of Treaties. right of the child who is separated from one or both parents to main- The UNCRC is almost universally tain personal relations and direct ratified, with the exception of the contact with both parents on a reg- United States and Somalia. ular basis, except if it is contrary to It is one of the major human the child’s best interest. rights conventions of the United Na- Article 12 tions. By ratifying the UNCRC (even 28 The right to an opinion and for it to without further domestic legisla- be listened to and taken seriously. tion), state parties have committed 12(1) States Parties shall assure to themselves to its implementation. the child who is capable of forming Each national state presents a re- his or her own views the right to export on the implementation of the press those views freely in all mat- Convention two years after ratifica- ters affecting the child, the views of tion and then every five years. Non- the child being given due weight in governmental organisations can try accordance with the age and matu- to influence the judgements of the rity of the child. Committee, by producing shadow 12(2) For this purpose, the child reports, for example. This has been shall in particular be provided the used effectively by many organisa- opportunity to be heard in any judi- tions. Families Outside of Scotland, cial and administrative proceedings for instance, put items of concern to affecting the child, either directly, or children of prisoners in the national through a representative or an ap- report; governments can do like- propriate body, in a manner consis- wise, as France did, in its state par- tent with the procedural rules of na- ty report to the CRC chronicling the tional law. evolution of initiatives that respect Article 20 relevant UNCRC articles.XII The UN The right to special protection and Committee on the Rights of the help if children cannot live with Child reviews the reports and for- their parents. mulates principles and guidelines Article 31 for the interpretation and judge- The right to play and relax by doing ments of the state reports. For ex- chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 19

Chapter two: The historical and legal background

ample, the Human Rights Council There are varying degrees of Resolution on the Rights of the UNCRC implementation into do- Child, adopted in March 2012, em- mestic law in European countries, phasised the need to ensure that direct, indirect and sectoralXIV: children outside prison or their legal guardians are also kept informed of sectoral indirect direct the place of their parent’s imprison- incorporation incorporation incorporation ment.XIII In particular, the Commit- tee’s guidelines on initial reports require states to provide information • Direct incorporation: UNCRC on the measures taken to har- fully transformed into monise national law and policy with domestic law at legislative the UNCRC, as well as information or constitutional level on “legislative, judicial, administra- • Indirect incorporation: other tive and other measures” taken to legal mechanisms (e.g., Welsh further implementation at national ministers’ duty to have due re- level. It is noted that where states gard to UNCRC when develop- 29 engage with the Committee in its ing new legislation or policy, or review process in a constructive reviewing/changing existing manner, it can and does lead to re- law or policy, since 2012xv) form of law and policy, as well as • Sectoral incorporation: improvements in practice. transposing relevant provisions of the UNCRC into relevant sectoral laws, (e.g., laws relating to education or family).

Where national law has fully incorporated the UNCRC, as for example in Spain, Belgium, Norway and Cyprus, national courts can rely directly on its provisions to uphold children’s rights. Specifically, the Convention applies as Norwegian law and will have precedence if any conflict should arise between the Convention and other statutory law.XVI It is for this reason that incorporation is one of the main thrusts of advocacy for Bryggan, an NGO in Sweden: They believe that this would be the single most important chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 20

action to further the interests of charge of the boy. If sentencing had children of prisoners in Sweden. not been delayed, the child would Where it is not incorporated into do- have been placed in foster care. mestic law, it is of persuasive influ- The European Network of Om- ence only in national courts.XVII budspersons for Children (ENOC) is The Committee on the Rights of growing stronger and more influen- the Child has recognised the impor- tial in supporting individual and tance of national human rights in- collective lobbying for children’s stitutions in promoting and protect- rights and interests to Europe-wide ing the rights of the child at the na- and international bodies (e.g., the tional level and assisting in imple- European Union, Council of Europe mentation. In most European coun- and its European Strategy for Chil- tries, offices of Children’s Om- dren, Committee on the Rights of budspersons have been established. the Child). Their focus on topics (Norway was the first country to set such as parental incarceration pro- up a structure entirely devoted to motes and extends good practice 30 the rights of the child as early as amongst all such commissioners.XIXX 1981.) Some have a mandate to vis- There are however some surprising it prisons, and monitor and report absentees from the list of ENOC on prison conditions, which might members, such as Germany, Portu- be important for the children of im- gal and Switzerland. Advocacy must prisoned parents.XVIII Children’s Om- continue on a national level, whilst budspersons in some European at the same time keeping abreast of countries play a role in terms of ap- European developments and work- proaching custody as a whole child ing to put the rights of prisoners’ and family issue and not just from children on European agendas. the perspective of a criminal sanc- Another key driver in the imple- tion on the offender; as a form of mentation of the UNCRC is the vol- awareness-raising, this has been untary sector. In addition to raising very effective in countries such as awareness of the existence and Croatia and Cyprus (see Chapter 8 needs of children affected by on advocacy). In addition, Om- parental incarceration internation- budspersons can take up individual ally, the Quaker United Nations Of- cases. In Norway, for example, a fa- fice has influenced the direction of ther—the sole caretaker of the off- the UN Committee on the Rights of spring— who was to serve a prison the Child by raising the issue in var- sentence, sought out the backing of ious ways, leading to the Day of the Children’s Ombudsperson for General Discussion on Children of Norway and succeeded in delaying Prisoners in 2011.XX the execution of his sentence until According to the holistic ap- the paternal grandfather could take proach of human rights in the UN- chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 21

Chapter two: The historical and legal background

CRC, children’s rights should be re- taking “the best interests of the garded not only from a (restricted) child” as a basic premise: the state, psychological view on family life, the parents and the child seem to but also from a social, economic have a common interest in the de- and communitarian (cultural) velopment of institutions, facilities view.XXI All rights are complementa- and services for the care of children ry to one another and essential for (Art. 18 §2 UNCRC).XXIII The UNCRC the full and harmonious develop- in general and in specific articles ment of the individual; they are in- obligates states to support parents herent in giving human dignity to in caring for and raising their chil- the child. In his landmark judge- dren, and this includes making ade- ment in S v M (2007), Justice Albie quate provision for this to be possi- Sachs of the Constitutional Court of ble. South Africa said: “Every child has In line with the judgement in his or her own dignity. If a child is to South Africa noted above, there be constitutionally imagined as an have been moves to develop the im- individual with a distinctive person- pact of Article 12 to take into ac- 31 ality, and not merely as a miniature count the views of children in con- adult waiting to reach full size, he sidering a parent’s custodial sen- or she cannot be treated as a mere tence, particularly in Scotland. This extension of his or her parents, um- has been suggested as requiring a bilically destined to sink or swim child impact statement to be of- with them. The sins and traumas of fered to the court so that they can fathers and mothers should not be consider both the likely impact of visited on their children.”XXII Treating the sentence on the child and the children as individuals—not merely child’s views. This is not in force any- as offspring dependent on their par- where in Europe, although Norway ents or on professional assistance— is currently working to make it legal- also gives them the space and op- ly binding to include children in dis- portunity to explore survival and cussions. This same legislation re- empowerment strategies them- quires “child ambassadors” in each selves and with their peer group. prison to oversee their best inter- Even if parental family rights ests. are taken into account, where there In a growing number of cases in are criminal charges against a par- different countries, the role of the ent, the state, at first sight, has to parent as a primary caregiver is tak- operate within conflicting obliga- en into consideration. In Serbia, the tions: the protection of the family fact that a defendant is a parent rights and privacy of the prisoner, can be used by the court as an ex- but also the safety of society and tenuating circumstance, which the gravity of the offence. But by could lead to the mitigation of the chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 22

penalty. In England, part of the sen- rights directly to the CRC if a solu- tencing guidelines allows for of- tion has not been found at national fender mitigation, which includes level. It remains to be seen how this considering the welfare of their chil- will be used to protect children’s dren. In practice, this has been tak- rights and those of children of pris- en account of in some notable cas- oners. es. Recently, it was ruled in England and confirmed by the court of ap- European Convention peal that a child’s rights have to be on Human Rights: considered a balancing exercise. A more in-depth look Whether the courts do balance the interests of the state and the child Article 8 European Convention is moot.XXIV In this case where the on Human Rights needs of a disabled child were trag- 8(1) Everyone has the right to ically overlooked, the onus was respect for his private and family placed on the court to enquire life, his home and his correspon- 32 about them. dence. “The existence of children can- 8(2) There shall be no interfer- not of course keep a person out of ence by a public authority with the prison who should properly be sent exercise of this right except such as to prison, but a sentencing court is in accordance with the law and is needs to be able to bear in mind necessary in a democratic society in what the effect on the children will the interests of national security, be, and, if there are children and if public safety or the economic well- the court does not have the infor- being of the country, for the preven- mation it needs in order to assess tion of disorder or crime, for the pro- the effect of the parent’s imprison- tection of health or morals or for the ment on them, then the court must protection of the rights and free- make enquiries so that it is properly doms of others. informed. Those enquiries were not Treaty provisions which are al- made in this case.”XXV ready directly applicable, such as Ar- Along with developments in na- ticle 8 of the European Convention tional laws and cases, a new mech- on Human Rights (ECHR), however, anism for a children’s report to the may be strengthened by having re- CRC was introduced in 2014, al- gard to provisions in the Convention though not all countries have yet on the Rights of the Child and oth- ratified it.XXVI The Optional Protocol, er treaties, guidelines and recom- set to enter into force in April 2014, mendations based on these treaties. allows children from states that Article 53 of the ECHR makes ex- have ratified the UNCRC to bring press provision for this. complaints about violations of their In 1989, for example, the Euro- chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 23

Chapter two: The historical and legal background

pean Court of Human Rights found keep the family together, in general a violation of the ECHR in a case the family still seems to be seen as where the applicant had been re- the ideal environment for raising a fused the return of her daughter af- child, based on traditional middle- ter her release from prison because class family ideals. the state had failed to take the pos- A large number of cases decided itive measures required to ensure by the ECtHR have been brought by that mother and child could be re- prisoners, and in a few cases, the united in a manner which respected right of prisoners and their children the rights of both individuals.XXVII to maintain family life has been As discussed above, Article 8 of considered. The separate rights of the Convention requires respect for the child and the “best interests” of an individual’s family life, private the child have not yet been exam- life, home and correspondence. It is ined exhaustively within the context not an absolute right and can be of Article 8 of the ECHR.XXIX The Eu- qualified under Art 8(2).XXIX It is the ropean Court has frequently re- article of most importance to par- ferred to the best interests of the 33 ents and children. Article 8 not only child under Article 8(2) by insisting compels states to protect individu- that the justification for the inter- als from interference but it also ference being necessary “for the places them under a positive obli- protection of health or morals, or for gation to take action to secure re- the protection of the rights and free- spect for the rights in the article. doms of others” takes into account This notion of positive obligation the best interests of the child. Yet, can be a means for applying pres- the “balancing” of a parent’s rights sure on the state to ensure that they and those of the child and other effectively cater to the needs of chil- considerations continues case by dren who have parents in prison. case, because of different circum- In Western societies, the separa- stances and contexts, and the bal- tion of mar riage from sexuality and ance frequently comes down in procreation, and the growing num- favour of the parent’s rights; this ber of divorces have had a major im- area of law is still to be developed pact on the concept of “family” and because there have only been a few on family law. Not only conflicts cases brought by children (or by within the state’s provisions and people on their behalf who were not legislation, but also conflicting their parents). A growing body of rights between the parents them- immigration law has explicitly con- selves have been brought to court. sidered children’s rights to family Although in practice in many cases life based on Article 8, and in some the child-rearing function alone cases has prevented parents from proves to be too small a basis to being deported in order to respect chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 24

the children’s rights. The best inter- constitutional structures nationally, ests of the child are a consideration regionally and locally. in immigration cases in both Eng- Article 24 lish law and Swedish law, though in- 24(1) Children shall have the terests in other factors in Article right to such protection and care as 8(2), such as the interests of na- is necessary for their well-being. tional security or the prevention of They may express their views freely. disorder and crime, tend to take Such views shall be taken into con- precedence. However, a landmark sideration on matters which con- judgement by Baroness Hale in the cern them in accordance with their UK stated the principle: age and maturity. 24(2) In all actions relating to The best interests of children had children, whether taken by public to be a primary consideration authorities or private institutions, when considering whether re- the child’s best interests must be a moval of a parent was proportion- primary consideration. 34 ate under Article 8. A child’s 24(3) Every child shall have the British nationality was of particu- right to maintain on a regular basis lar importance. It was not enough a personal relationship and direct to say that a young child might contact with both his or her parents, readily adapt to life in another unless that is contrary to his or her country, particularly when they interests. had lived in Britain all their lives The Lisbon Treaty’s entry into and were being expected to move force in 2009 was a watershed in to a country they did not know. the EU’s ability to realise the rights The children had rights which of children, with Article 3 contain- they would not be able to exercise ing the EU’s first explicit commit - if they moved to another coun- ment to protect the rights of the try.XXX child in EU internal and external actions. As has been stated, “The Lis- Charter of Fundamental Rights bon Treaty represents an important of the European Union: working milestone in what the European towards relevant EU legislation Union can and must do for the Under the Lisbon Treaty, the rights of the child. It has all the ju- 2000 Charter of Fundamental ridical potential to allow the Euro- Rights of the European Union be- pean Union, if it wants, to develop comes binding when EU law is im- an effective legislative strategy for plemented. The rights of the child the protection of the rights of the are enshrined in Article 24. Howev- child. I would like to specify that er, the treaty specifically recognises protection of the rights of the child states’ fundamental functions and does not mean only the protection chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 25

Chapter two: The historical and legal background

of the child against criminal acts or for this purpose. The prison shall abusive behaviours which violent arrange for visits by children to be adults can perpetrate towards chil- carried out in a considerate man- dren. Child protection also means ner.” France, too, is developing a na- assuring their rights to healthy de- tional law for these children and re- velopment, by identifying all the ob- quiring courts to consider alterna- ligations of the people directly in- tives to custody for women who are volved in their care.”XXXI sole carers of children under 16.XXXIII The Court of Justice interprets EU law to make sure it is applied in Case study the same way in all EU countries. Prisons and children in Italy: Furthermore, the Lisbon Treaty ex- laws and regulations panded the Court of Justice’s juris- Italy is paying increasing atten- diction to issue preliminary rulings tion to the topic of children and in the area of Freedom, Security and prisons and relevant legislation is Justice (AFSJ) to include police and evolving. Underpinning the whole criminal justice measures adopted penal system, Article 27 of the 35 before the entry into force of that Constitution of 1947 requires pun- Treaty. Such jurisdiction would not ishment to be used for rehabilita- apply until 1 December 2014, five tion and resocialisation. Despite years after the entry into force of the significant overcrowding in Italian Lisbon Treaty. It is expected that the prisons, the Italian justice minister full impact on the court will not be highlighted the need to “give par- felt until after that date, though ticular attention to the conditions nineteen member states have al- and way a child is received when ready elected to recognise this juris- visiting his/her parent in prison, to diction of the court, and the court how the meeting happens, to the has already started to hear cases.XXXII possibility of spending a playful time with the parent in a proper National laws space. This area, which will be es- In some countries, national laws tablished in all prisons, is general- protect children of prisoners and ly called ‘Yellow Space’”. This could their rights to visits. In Norway, for be said to contribute to the Italian example, the Execution of Sen- legislation requirement that the tences Act, which came into effect law protect the dignity and human in 2002, stipulates that “particular rights of detainees, according to importance shall be attached to a Law n. 354 of 26 July 1975. child’s right of access to his or her As regards family relationships, parents during the execution of a the system has accepted the prin- sanction”.... and that “visits should ciple that penitentiary treatment be carried out in a room designed “should facilitate appropriate con- chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 26

tact with the external world and Third, if the matter is one that the relationship with the family” falls within the competence of the (Art. 15), providing for the possi- EU, they may have a claim under EU bility of work outside the prison law, either in their national courts, (Art. 21). The Gozzini Law (n. 663 in the Court of Justice of the Euro- of 10 October 1986) was an im- pean Union or both. In addition, the portant step towards the protec- Children’s Ombudsperson can re- tion of family relationships for im- view cases, and NGOs can con- prisoned individuals, thanks to the tribute to the Committee of the introduction of alternative meas- Rights of the Child scrutiny ures to detention, accessible even process—further described in Chap- to those not yet held in custody, ter 8 on advocacy. avoiding the disruption of parent- child relationships. The Simeone- International standards Saraceni Law (n. 165 of 27 May In addition to the instruments al- 1998) has made this possibility ready discussed, there are non-bind- 36 automatic for prison sentences of a ing persuasive treaties. duration of less than four years. European Prison Rules There are at least three possible The European Prison Rules have judicial avenues for children and grown in status since 1987 and their parents in Europe to assert were revised and updated in Janu- their human rights. ary 2006, based on recent case law First, they may apply for en- of the European Court of Human forcement of their rights as protect- Rights and standards developed by ed by national law in their national the Committee for the Prevention of courts, for example, under the UK Torture.XXXIV National and European Human Rights Act or the German courts, supervising committees and Basic Law. This may be easier in inspecting bodies should all be countries in which UNCRC law has aware of them. For the time being, been directly and fully incorporated the rules remain only of heavy per- into national law, such as Norway, suasive value. They set out mini- Spain and Belgium, although this mum requirements for the treat- too depends on the awareness of ment and detention conditions of child rights amongst society and inmates. With respect to family ties, professionals in particular. the rules hold that “arrangements Second, if this fails, once they for visits shall be such as to allow have exhausted domestic remedies, prisoners to maintain and develop they may proceed in the European family relationships in as normal a Court of Human Rights in Stras- manner as possible”. The revised bourg. rules feature several changes from chapter 2 ok:impaginato 11-04-2014 17:19 Pagina 27

Chapter two: The historical and legal background

those drafted in 1987, including lished timetable for their revision, dedicated sections relating to the rules are under the scrutiny of women and foreign prisoners. The the Council for Penological Co-oper- section on women states that the ation (PC-CP) set up by the commit- psychological, social, vocational tee of ministers at the Council of Eu- and physical needs of women pris- rope and a revision is expected by oners shall be given particular at- 2015. tention in making decisions about their detention. UN Bangkok Rules 2010 offer new Pregnant prisoners shall be al- hope for women prisoners and their lowed to give birth outside the children prison; if the birth occurs in the The United Nations has long prison, the authorities shall provide been concerned with Standard Min- all required support. The new rules imum Rules for the Treatment of also underscore the need for special Prisoners (1955 and 1977), includ- services for women who are victims ing their need for visits. The Quaker of mental, physical or sexual abuse. United Nations Office used its work 37 Rule 36 addresses the situation of on women prisoners to promote the infants detained with incarcerated gender-specific United Nations parents. For many, the changes do Rules for the Treatment of Women not go far enough: Children of Pris- Prisoners and Non-custodial Meas- oners Europe (called Eurochips at ures for Women Offenders (the UN the time) previously suggested an “Bangkok Rules”). The Bangkok earlier revision that the rights of Rules were adopted by the UN Gen- prisoners’ children be included in eral Assembly in December 2010 the 2006 European Prison Rules and fill a long-standing lack of stan- and would hope this would be in- dards providing for the specific char- cluded in any revision. The Quaker acteristics and needs of women of- Council for European Affairs, a Brus- fenders and prisoners, as well as sels-based NGO, conducted a study providing consideration of alterna- into the conditions of women’s im- tives to custody for lone carers of prisonment across Council of Eu- children and of the best interests of rope member states, and compiled the child.XXXVI They are discussed in a “Gender Critique” of the rules in Chapter 6. 2007, citing recommendations for rules such as protecting female pris- Children inside or outside oners, provisions for visiting chil- the prison? dren and the recording of the num- When discussing the interests of ber, ages and location of the of- children of imprisoned parents, a fender’s children and the children’s distinction needs to be made be- caretaker.XXXV While there is no pub- tween children inside prison—often chapter 2 ok:impaginato 11-04-2014 17:20 Pagina 28

babies and toddlers living with im- ests of the child are taken into ac- prisoned mothers, considered in count when arresting, detaining, Chapter 6 (although young children sentencing or considering early re- can live with imprisoned fathers in lease for a sole or primary carer of Denmark under certain condi- the child, bearing in mind that visits tions)—and children outside prison. of a parent in prison are primarily a Increasingly, the Children’s Om- right of the child rather than a priv- budspersons are suggesting that in ilege of the prisoner that can be modern parenting, similar provision withdrawn as a disciplinary meas- needs to be made for men, al- ure. The recommendation enjoys though this has not yet occurred. the support of the United King- The child rights angle for chil- dom.XXXVII dren of prisoners is developing very Clearly progress still needs to be slowly in the courts and being more made to protect these vulnerable strongly upheld as a persuasive fac- children in law. Even if this is tor by Children’s Ombudspersons achieved, legislation is only part of 38 and NGOs, and issues relating to a jigsaw, because it requires aware- children and prisons are recognised ness-raising to be invoked, it can on- in international monitoring reports. ly be effective if grounded in good Insufficient case law means that practice, as described in the other there is no acknowledgeable shift chapters of this guide. Cultural from prisoners’ rights to those of the change in considering the needs of child of the prisoner in most coun- children of prisoners can influence tries; this is in part because each change in legislation and interpre- case arises from its own particular tation of legislation. circumstances. Yet, huge progress has been made over the past twen- Original chapter drafted by Ria ty years. Wolleswinkel (Netherlands) in col- For example, Recommendation laboration with Maryam Tabib 110.96 of the 2012 Universal Peri- (Great Britain), with contributions odic Review for the UK furthers sev- from Caroline Forder (Netherlands) eral important areas of rights, in- and Gerard de Jonge (Netherlands); cluding that of considering alterna- second edition editors Kate tives to custody for sole carers. It Philbrick, Liz Ayre and Hannah was to: Ensure that the best inter- Lynn, with research by Paola Costa. chapter 2 ok:impaginato 11-04-2014 17:20 Pagina 29

Chapter two: The historical and legal background

I Prison visitor centre: building or caravan outside the prison security area where children and families can be welcomed and supported by volunteers with refreshments, play and other s ervices before and after prison visits- see Chapter 5 II Work such as the Daphne project “Raising a child through prison bars” spanned Greece, Bulgaria and Romania. Information on the project and access to their publications available online at: http://www.mothers-in-prison.eu/ III In 2012, local authorities made a record 10,218 applications to take children away from parents. This figure was 11% higher than in 2010-11 and 61.6% higher than in 2007-08, according to Cafcass, which said applications had been rising since the case of Baby P in 2008. Parents should go abroad to avoid family courts. (2014, January 14). BBC News. Article available online at: http://www.bbc.co.uk/news/education-25641247 IV Scharff-Smith, P., & Gampell, L. (2011). Children of imprisoned parents. University of Ulster and Bambinisenzasbarre, The Danish Institute for Human Rights, Denmark, European Network for Children of Imprisoned Parents. p. 190, footnote 9. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/DIHR.pdf V Conference outcome report. (2012). Coping with a parent in prison: an agenda for policy reform. Eurochips: Brussels. Available Online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/ConferenceOutcome.pdf VI Smit, D. V. Z., & Snacken, S. (2009). Principles of European prison law and policy. Oxford University Press. p. 332. 39 Ostrovar v. Moldova, 13 September 2005 is the case cited by the authors. VII As demonstrated in: Sabou and Pircalab v. Romania, 28 September 2004: “Withdrawal of a father’s parental rights as an ancillary penalty in Romania.” VIII See, for example, Messina v. Italy, 26 February 1993. A brief summary of the case is available online at: http://sim.law.uu.nl/sIm/CaseLaw/hof.nsf/bd85b31af932d14bc125668 1002b47f0/163f54f895eec1a4c1256640004c205f?OpenDocument IX Van de Heyning, C. (2011). Fundamental Rights lost in complexity: The protection of fundamental rights against violations by the rulemaker in converging national and European legal systems (Doctoral dissertation, UNIVERSITEIT ANTWERPEN -BELGIUM). X A v.L[1998] 1 FLR 361. A brief summary of the case is available online at: http://www.4pb.com/case-detail/a-v-l-contact XI See United Nations Convention on the Rights of the Child. (1989). United Nations, General Assembly. Available online at: http://www.ohchr.org/Documents/ProfessionalInterest/crc.pdf XII See Consideration of reports submitted by States Parties under Article 44 of the Convention third and fourth periodic reports of States due in 2007: France. (2007). Committee on the Rights of the Child, Convention on the Rights of the Child, United Nations. XIII See Resolution on the Rights of the Child. Human Rights Council, 19th session, General As- sembly, United Nations, 23 March XIX See the European Network of Ombudspersons for Chil- dren (ENOC), online at: http://www.ombudsnet.org XIV Robertson, O. (2012). Collateral Convicts: Children of incarcerated parents. Recommenda- tions and good practice from the UN Committee on the Rights of the Child Day of General Discussion 2011. Geneva: Quaker United Nations Office. XV Epstein, R. (2013). Mothers in prison: Sentencing and the rights of the child. In: Police, Judges & Sentencing: Arrests, Trials & Children’s Rights, COPE Special edition Newsletter. p. 14-15 Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/JudgesSentencingNewsletter.pdf XVI Quote from the judgement on the case: R (on the application of Amanda Aldous) v Dartford Magistrates’ Court) [2011] EWHC 1919 (Admin)) in the High Court See also: R v Bishop [2011] WL 844007), Court of Appeal. Available online at: http://www.doughtystreet.co.uk/documents/uploaded-documents/110715_R_v_Bishop_ chapter 2 ok:impaginato 11-04-2014 17:20 Pagina 30

(Wayne_Steven).pdf R v Petherick [2012] EWCA Crim 2214. A brief summary available online at: http://www.1itl.com/news/298 Quoted by: Epstein,R, Masson, I, and Wise, I. (2011). Imprisonment For Debt: A Case Study. Coventry University Law Journal, 16(2) p. 56-63. Available online at: http://alumni.coventry.ac.uk/Document.Doc?id=114 XXXVII Countries in Europe that have ratified the Optional Protocol as of 2014: Albania, Germany, Montenegro, Portugal, Spain, and Slovakia. Additional information is available online at: http://www.childrightsconnect.org/index.php/connect-with-the-un-2/op3-crc XXVIII See case: ECHR 22-6-1989 Eriksson v. Sweden, Series A, Vol. 156. Available online at: http://www.humanrights.is/the-human-rights-project/humanrightscasesandmaterials/cases/ regionalcases/europeancourtofhumanrights/nr/489 It can be argued whether or not the best interests of the child were properly taken into account in this specific case. See for instance the five (partly) dissenting opinions. XXVIII See case Kuznetsov v. Ukraine, for a detailed account of the European Court of Human Rights response to the violation of Article 8 ECHR. Available online at: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-61060#{“itemid”:[“001- 61060“]} – The full text of Article 8 ECHR is available online at: http://echr-online.com/art-8- echr/introduction#Text%20Article%208 XXXIX See Fottrell, D. (2010). The impact of the human rights act on public law children act pro- 40 ceedings: An overview of the first decade. Family Law Week. The article includes a brief description of two court cases Johansen v Norway [1996] 23 EHRR 33 and Yousef v Netherlands [2003] 1 FLR 210 in which the ECHR directly addressed the rights and best interests of the child relative to their relationship with the parents upholding that the best interests of the child can trump the rights of parents. XXX See case ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4. Available online at: http://www.bailii.org/uk/cases/UKSC/2011/4.html XXXI See Perillo, E. (2012). The Lisbon Treaty and the Rights of the Child. In C. Clouder, B. Heys, M. Matthes & P. Sullivan (Eds.), Improving the Quality of Childhood in Europe 2012 (Vol. 3, pp. 194-201). Forest Row: The European Council For Steiner Waldorf Education. Available online at: http://www.ecswe.com/downloads/publications/QOC-V3/Chapter-7.pdf XXXII List of countries recognising the jurisdiction of The Court of Justice: Austria, Belgium, Cyprus, Czech Republic, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Romania, Slovenia, Spain and Sweden. XXXIII See Article 145-5 du CPP (issu de la loi n°2002-307 du 4 mars 2002) section 2.2 for a detailed description of the French law outlining criminal procedure for provisional detention of persons in authority of a minor under the age of 16. Available online at: http://www.vie- publique.fr/documents-vp/circ190302.pdf XXXIV See Recommendation rec(2006)2 of the Committee of Ministers to Member States on the European Prison Rules. (2006). Council of Europe, Committee of Ministers. XXXV See Wetton, C. (2006). The European Prison Rules: A gender critique. Brussels: Quaker Council for European Affairs. Available online at: http://www.qcea.org/wp-content/uploads/2011/04/resp-wip3-gencritique-en-mar-2006.pdf XXXVI See United Nations Rules for the Treatment of Women Prisoners and Non-custodial Meas- ures for Women Offenders (the bangkok rules). (2010). General Assembly, United Nations.A/ C.3/65/L.5. Available online at: http://www.ohchr.org/Documents/ProfessionalInterest/BangkokRules.pdf XXXVII The United Kingdom’s full response to the United Nations Universal Period Review for the UK can be accessed online at: http://www.upr-info.org/IMG/pdf/a_hrc_21_9_uk_annex_ e.pdf – Additional information concerning the UK’s Universal Periodic Review and Human rights is available online at: http://www.equalityhumanrights.com/human-rights/our-humanrights-work/international-framework/universal-periodic-review/ chapter 3:impaginato 11-04-2014 17:20 Pagina 1

Chapter three: The impact of imprisonment on the child

Chapter three: Much of the available research The impact of literature on parental incarceration imprisonment on the child has focussed on the challenges that children and young people face, highlighting the adverse repercus- Since the previous version of sions of imprisonment on them, this book, various European studies based primarily on the perspectives have explored the impact of of parents and carers and offering parental incarceration on children. few solutions to generate better Children of Prisoners Europe con- outcomes for children.IV More recent tributed to one which took a rights- research has drawn on experiences based approach, and another which as reported by childrenV, and has looked at all the stages of the im- taken a less reductionist, more posi- prisonment process which might af- tive psychology approach, empha- fect children and the effects on their sising factors that promote re- mental health and well-being gen- silience and better outcomes for erally as a result of the imprison- children affected by parental incar- ment.I Further general recommenda- 41 ceration. As mentioned in the intro- tions which are broadly overlapping duction to this book, there are many were evolved by both these Euro- pathways by which parental incar- pean studies, as they were following ceration may affect a child’s well-be- the United Nations Committee on ing, and consensus in the literature the Rights of the Child Day of Gen- is that its impact on children is con- eral Discussion in 2011.II ditioned by a wide variety of fac- Children are affected by their tors, including possibilities for main- parent’s imprisonment, and children taining quality contact with the im- themselves have given us their prisoned parent, caregiving arrange- words about how they are affected. ments and the response of commu- We can access their voices through nities and schools.VI What is essen- material created by the variety of tial is incorporating children’s per- NGOs working with children whose spectives into any narrative that at- parents are in prison, through tempts to document the impact of a videos and documentaries and parent’s imprisonment on young through interviews given to re- people and to highlight solutions searchers.III for helping strengthen outcomes for them. Children of Prisoners: Interven- tions and Mitigations to Strengthen Mental Health, informally known as the Coping study, was the first pan- European study involving a large chapter 3:impaginato 11-04-2014 17:20 Pagina 2

sample of children to explore the selves, some children can initially be psychological health needs of chil- relieved when their parents are im- dren of prisoners, with over 1,500 prisoned. The vital relationship be- participating in the research. De- tween the child and his or her im- spite inherent limitations to the prisoned parent is discussed in de- study—drawing on a sample that in- tail in Chapter 4. The quality of that cluded only children in contact with relationship and the relationship be- their parents, not those with no con- tween the child and their other par- tact; and difficulties disentangling ent or caregiver contributes signifi- the impact of incarceration from cantly to how a child faces the oth- other risk factors that existed prior er obstacles imprisonment throws in to imprisonment, among others— their path. Some children cope bet- Coping produced robust data on ter with the separation, confusion these children on a scale not seen and loss, although their behaviour before and provided an evidence may well be affected. base which overwhelmingly corrob- 42 orates practitioners’ experiences Resilience across Europe. It also explored some Understanding the concept of of the more subtle dimensions of resilience, positive adaptation to parental imprisonment, including life after adverse events, is helpful the meanings that children attrib- in understanding how children deal ute to the event, the experience of with stigma, attachment issues and stigma and social isolation that ambiguous loss. Resilience can be may follow parental imprisonment, seen as a process affected by per- and the family dynamics before, sonality, biological, and environ- during and after parental imprison- mental factors, and the interaction ment. among all three. Particularly impor- From the early stages of the tant are environmental aspects project, emerging findings suggest- termed protective and vulnerability ed similar themes and consistencies or risk factors. regarding children of prisoners Children’s coping strategies and throughout the four focus nations. resilience vary for many reasons, In the causality debate, Coping con- some of which have already been firmed the significance of parental suggested and others are still to be imprisonment as a key risk for chil- explored. How resilient children of dren of prisoners (in Sweden, UK and prisoners are may depend on the of- Germany, which are comparatively fence and sentence of their parent. wealthy, as well as in Romania, a rel- Earlier studies have suggested that atively poorer nation). When parents these children are more prone to have been subject to abusive sub- mental health difficulties; the Cop- stances or have been abusive them- ing study, using standardised ques- chapter 3:impaginato 11-04-2014 17:20 Pagina 15

Chapter three: The impact of imprisonment on the child

tionnaires, corroborated this, sug- don’t know, but … they know more gesting that children of prisoners than what we do and that is what were at a higher risk of mental we want to know.” (13-year-old health problems than the general girlVII) population of children. (Culturally, Schools are increasingly being the current use of the term “mental recognised as the most important health difficulties” in the English- potential resource for children of speaking world covers a huge varia- prisoners, after the family; they can tion of psychological, emotional help with academic performance and mental difficulties rather than and homework, and can provide implying that children will necessar- emotional support and signposts for ily become long-term mentally ill.) counselling.VIII However, it is also im- As with other difficulties, the important to note that some schools pact and how it manifests itself can are less helpful, even punitive. Chil- vary between the sexes. dren who feel the stress and tension Children’s first line of support is of the situation may have problems their caregiving family and their ex- at school and at home, requiring 43 tended family. This can be both pos- specialist care as well as a whole itive and negative. If caregiving par- school policy of inclusion and sup- ents themselves can provide a sta- port. ble support for the children and Apart from school, in countries have open communication with where there are dedicated NGOs, them, then children often cope bet- most of the support which children ter. However, the general levels of receive (outside prison) is from physical and psychological well-be- NGOs; where there are no dedicated ing for caregiving parents are lower NGOs (as in Romania), these chil- than in the general population; dren tend to receive no external when they are under stress, they are support and rely more heavily on less able to support the children of the family. prisoners, and tension, secrecy and While many children are initially less openness can lead to anger and traumatised at the point of parental reduced resilience. Conversely, arrest and imprisonment, it seems where children can articulate their that a majority of them do adjust, feelings, a key coping strategy is to e.g., to prison visits and security.IX A acknowledge and share distress range of possibilities to lessen the with their caregiving parent, their obstacles in prisons are discussed in school, friends and NGOs, helping Chapter 5. to strengthen their resilience. “We As demonstrated by Coping and children are good at imagining other studies, good quality contact when we are not told the truth. The and open communication with the grown-ups always say that they imprisoned parent are important for chapter 3:impaginato 11-04-2014 17:20 Pagina 16

children’s resilience. However, dis- • A healthy relationship with at rupted contact, confusion about the least one parent or adult situation and uncertainty can im- • Well-developed social skills and pact negatively on children. (See problem-solving skills paragraph below on secrets: Chil- • At least one coping strategy dren need to know about parental • A sense of positive self-esteem imprisonment from their parents.) and personal responsibility Children may have a veneer of • Ability to focus attention, high self-esteem despite the impris- special interests and hobbiesXI onmentX; this may depend on each nation’s different cultural ways of Stigma coping with stress by appearing As a child, one can easily be more or less confident. Most Chil- judged for what one’s parent has dren of Prisoners Europe network done.XII It has been well recognised members feel they have not found by practitioners that children with high self-esteem in their experience parents in prison are vulnerable to 44 with children of prisoners, however, stigma at school and in their home many can understand both the par- community. Parental imprisonment ent’s and the child’s need to appear can lead to children being labelled to be coping well with the imprison- as different, as having an undesir- ment and therefore not to acknowl- able characteristic and being in a edge any difficulties with self-es- category of “them” as opposed to teem. This semblance of resilience “us”. The main emotion connected can be viewed as a kind of resist- to stigma is shame. Being stigma- ance or defence mechanism, a cop- tised can have negative mental ing strategy. The general premise health effects, related to loss of sta- for most NGOs is that working with tus and discrimination. Confirming children both individually and in the experience of COPE network groups which affirm them, giving members, the Coping study found them a voice and the possibility for that stigma is recognised across Eu- action, will contribute to higher self- rope; self-stigmatisation was partic- esteem. ularly pronounced in Germany, In short, children who live in a where children’s coping strategies supportive environment and devel- included dissociation from the guilt op coping strategies become gener- of the imprisoned parent; talking to ally more resilient to stress, and this other children of prisoners; and resilience may help reduce the im- whitewashing, avoiding negative pact of stressors and crisis events. feelings.XIII The latter has been de- Therefore, the factors helping scribed as “cognitive dissonance re- children cope with stressful situa- duction”, reducing the discomfort of tions are the following: holding contrary emotions. A 14- chapter 3:impaginato 11-04-2014 17:20 Pagina 17

Chapter three: The impact of imprisonment on the child

year-old girl in Germany said: “My Earlier secure attachments can be sister and me—we are real masters disrupted when a parent who was at suppressing things.” A parent trusted is suddenly taken away to commented: “There is stigma, and prison. And insecure attachments— we women and children suddenly existing (because of experiences have a flaw, for which we are not re- with the parent before imprison- sponsible. We can’t go into public ment) or new—can lead to difficul- with this flaw. And that’s bad. Real- ties when the child becomes an ly bad.” Stigma and the shame felt adult. Recent research demon- affect children’s confidence in strates this in images of children’s telling their peers at school about brain development where poor at- the imprisonment, and this again tachment inhibits physical impacts their need to keep secrets. growth.XVII The damaging impact of Creating a safe space where chil- separation can in part be mitigated dren can tell their friends and feel by the role of caregiving parents.XVIII their support can be helpful.XIV Bully- Impacts vary for different ages of ing by peers at school increases the children of prisoners and depend 45 risk that children will react violently crucially on the quality of the rela- to taunts or experience sadness. The tionship with the parent. As psy- issue of cyberbullying is becoming chologist Alain Bouregba confirms, very prevalent for all vulnerable chil- imprisonment need not imply aban- dren. Even greater than physical donment to the child, and if the stigmatisation is self-stigmatisation prisoner-parent can manage to re- and shame.XV In Norway, the NGO tain an appropriate parenting ca- FFP has developed a way of working pacity despite the physical re- with children, looking at many of straints of imprisonment, the risks the difficulties a child may experi- to their child are significantly less ence to normalise the imprisonment (see Chapter 4 on parenting and of a parent, described in the booklet prison). A Collection of Facts about Com- mon Children with Unusual Life Ex- Confusion over the parent’s periences.XVI disappearance /ambiguous loss For children, facing the long- Separation/attachment issues term confusion over whether the im- When a parent is in prison, the prisoned parent is in or out of the normal everyday attachment is in- family means children of prisoners evitably broken and the issue be- cannot grieve straightforwardly over comes how to maintain the psycho- the absent parent. The consequent logical bonds. The concept of at- uncertainty and feeling of stigma tachment refers to the quality of the can lead to post-traumatic stress bond between a parent and child. and taking the problems inside chapter 3:impaginato 11-04-2014 17:20 Pagina 18

themselves, internalising behaviour quent. As children become older and depression, or externalising, an- they may find it hard to concentrate tisocial behaviour.XIX Families and at school, and they may behave an- prisoners who have open communi- tisocially, and sometimes this in- cation buffer this problem to some volves offending behaviour. Some extent. studies have focussed extensively This type of loss can contribute on the risk of intergenerational to disruption of more secure attach- crime, or whether parental impris- ment patterns. Ambiguous loss onment increases the risk for chil- refers to loss where a loved person dren to grow up to commit crimes.XXI is physically absent but psychologi- Stigma, disruption to attachment, fi- cally present, like divorce, immigra- nancial and social strain on the tion or imprisonment: ambiguous family, and poor quality childcare loss is the most stressful kind of are also associated with later anti- loss, because the normal funeral social behaviour. However, positive rites are absent and so is mourning support from social services and 46 that allows normal grief leading to NGOs can mitigate the impact of acceptance and closure.XX How chil- parental imprisonment on intergen- dren cope and can be resilient when erational crime.XXII faced with this confusion and loss Children of prisoners can be involves their finding meaning in deeply affected by their parent’s im- the separation and discovering prisonment and these theoretical hope: “There is no closure in these concepts give insights relevant to cases, the challenge is in how to live all work with children of prisoners. with the ambiguity.” (see Bedford Taking a more individual view of Row case study p53) each child, we know that the relationship of each child to their par- Behaviour ent varies and different sets of cir- Given all the psychological diffi- cumstances influence that. In an culties of confusion, loss and ideal parent-child relationship, as in shame, it is not surprising that some other relationships, there will be a children’s behaviour changes. Some real meeting when the two people children become withdrawn and de- involved can see each other for who pressed, others externalise their be- they really are, without obstacles haviour. In some prison play areas, and without projecting their own children have been seen to choose ideas and thoughts on one another. toys more suited to younger chil- To reach such a relationship is a life- dren as a form of regression to safe- time journey, and for many adults ty. Some children have nightmares continues even after the parent has or start bedwetting. In younger chil- died. Prison will be one obstacle to dren, tantrums can be more fre- the possibility of this relationship; chapter 3:impaginato 11-04-2014 17:20 Pagina 19

Chapter three: The impact of imprisonment on the child

the difficulties it poses are dis- level, at a systemic practical level, cussed in Chapter 4. and support for individuals. Coping Sociology studies researching a recommendations stretch across five collective group of individuals can broad areas where further action is make generalised comments, draw required to improve the welfare, statistical conclusions and quote mental health and quality of life of from qualitative research. Studies re- children of prisoners, both at a pan- ported to date have not been able European and at a national levelXXV; to conclude that prison is the deter- they are similar to those from the mining factor of consequences for EU-funded Children with Imprisoned children. Similarly, the effect of im- Parents study piloted by the Danish prisonment on children’s mental Institute of Human RightsXXVI; and to health is difficult to determine. The those which emerged from the Unit- Coping report states “According to ed Nations Committee on the Rights indicator scores on the strengths of the Child Day of General Discus- and difficulties items of the survey sion and broadly bear out practi- questionnaire, children with a par- tioners’ experience, giving them all 47 ent/carer in prison were found to credibility, as quantitatively and have a significantly greater risk of qualitatively researched across a sig- mental health problems than chil- nificant sample. dren in the general population.” The importance of considering This finding is much qualified and is the impact on children from arrest, drawn from parents’ and carers’ ob- through the court process, remand servations, who for children under and convicted imprisonment the age of 11, presented a more through to release is now recog- negative picture than children nised by NGOs working with them, themselves.XXIII The difficulties they and the recommendations devel- experience point to the need for oped by all recent studies and de- children of prisoners to be given veloped good practice do this. The special consideration within public children require crucial community health policy, as does the finding assistance such as being supported that in general, both the caregiving at school and by NGOs, as well as parents and children of prisoners arrangements made for the best enjoy poorer well-being than the possible prison visits and additional general population.XXIV communication with their parents. Children and their imprisoned The most important factor for chil- parents need support: researched dren is the quality of their relation- recommendations from studies, ships with their parents, both those both sociological and rights-based, in prison and outside, as well as the can indicate holistic positive meas- support they derive from the wider ures to be taken at a public policy family and friends.XXVII chapter 3:impaginato 11-04-2014 17:20 Pagina 20

What can be done to buffer the im- be to use the Norwegian govern- pact of imprisonment on children? ment’s expressed intention in its re- What follows is a very gener- port on the recommendations made alised consideration of what is hap- under the periodic review mecha- pening in Europe in relation to the nism supporting human rights train- broad themes of these recommen- ing for all police officers.XXX Change dations and some indication of the can also come about as a result of good practice already in place. tragedies. In Switzerland, a mother was arrested and was frightened Arrest and policing matters that someone would take her three- Police officers could be trained year-old daughter into social servic- and given protocols about how to es care, so she phoned a friend to behave when children are present— ask her to look after the child. The and to enquire whether the arrested person contacted did not under- person has children in the house or stand the coded request, and the elsewhere. Some training of police child was left alone in the house for 48 officers is already in place for exam- three days until she died of thirst. A ple in Denmark and Poland, al- catalogue of mistakes emerged in though in neither country is it con- the enquiry. At least as a result now sistently available, and often good people arrested in Geneva are asked practice is developed by officers whether they have children, al- themselves over time and with ex- though the statistics of the children perience.XXVIII In Denmark, there is are not collated. A methodology for the option to take in trained social how UK police officers could best workers if it is known that children help children is suggested in a are there; in England, there is an op- leaflet recently developed by Chil- tion to take in specially trained po- dren of Prisoners Europe with other lice officers, and ad hoc training is NGOs.XXXI Such a leaflet is being of- given to police officers in both Eng- fered to children involved in crimi- land and Scotland.XXIX In many coun- nal proceedings in Hungary. tries, there are requirements that if there are “child protection” or do- Considering children at sentencing mestic abuse issues then the inter- There have been significant ad- ests of children must be considered; vances in introducing the require- this means that when neglect or ment of considering the welfare and abuse of the child is already the is- best interests of the child in court sue, police will take special care of decisions (in line with the UN Con- them but not necessarily otherwise. vention on the Rights of the Child) For example, the NGO FFP would which have been discussed in Chap- like to develop training for the po- ter 2. Apart from those mentioned lice in Norway. A useful tool would previously discussed, there are spe- chapter 3:impaginato 11-04-2014 17:20 Pagina 21

Chapter three: The impact of imprisonment on the child

cific cases in which judges consider search indicates that an early visit the children. For example, children can allay the child’s fears about in Sweden who witness domestic vi- their parent, particularly if the pris- olence are considered victims and oner is emotionally able to set the are therefore eligible for criminal in- tone for the new long-distance rela- juries compensation. tionship. Within the Scandinavian There are also more persuasive countries this has often proved initiatives, such as the “Left behind” problematic. Sweden has a record of project in the lower level courts de- refusing visits during the pre-trial veloped by the English NGO PACT: period, for example, which has been posters are left on the benches of commented on in the Swedish re- London courts to make magistrates port from the Universal Periodic Re- aware of the issues concerning the view (UPR) committee, the UN immediate welfare of children and mechanism for monitoring human dependents of people being placed rights across the world.XXXIV (The in custody.XXXII mechanism for using the UPR is dis- There remain considerable delib- cussed further in Chapter 8 on ad- 49 erations to be made on how chil- vocacy.) Apart from different enti- dren’s views can best be incorporat- tlements to visits, the issues around ed in the parent’s trial and sentenc- telephones, Skype and visits are ing because of the impact it will largely similar for visits to parents in have on the child. There has been detention whether untried or con- some move to adopt child impact victed. For all issues relating to statements to be used in court; an- prison contact with the imprisoned other way forward is to include a parent, see Chapter 5. notice of the children’s views in a report for the sentencing judge.XXXIII Children need to know about Here, as in the issue concerning parental imprisonment from their telling the children about arrest and parents imprisonment, children’s rights and This advice arises from the need needs must be met through a for children to hear about why their process which focusses primarily on parents are in prison. For children their parent, who also has needs being supported by some NGOs this and rights. is not an issue because the NGO requires that the children know their The remand and imprisonment parents are in prison (e.g., all the phase Relais Enfants Parents work across To prevent the experience of im- the French-speaking world, and prisonment being seen as abandon- Bryggan in Sweden also makes this ment where possible, it helps for the a requirement for children they work child to see their parents. The re- with). However, in many other coun- chapter 3:impaginato 11-04-2014 17:20 Pagina 22

tries, there is still a huge issue of mental processes in children. It is about the secret of imprisonment difficult to predict the impact of ly- which supports earlier findings to ing on a child’s development. What this effect. Current experience in happens when a parent is impris- Scotland and elsewhere supports oned is part of a much larger con- earlier findings that there are still a text, and the impact of separation significant number of children who on a child due to a parent’s impris- are not aware that their parents are onment is contingent upon the in prison, some being given un- child’s age, the length of the prison truthful explanations and others be- sentence, the family dynamic and ing given no explanation at all for other key variables. Yet a child often their parent’s absence.XXXV One Ro- feels responsible for the parent’s de- manian mother in the Coping study parture; feelings of guilt can arise. observed: “It helped that I told the Studies have shown that they feel truth, as we started talking reassured when they know where more.”XXXVI In Spain, one mother said: the parent is—they know that the 50 ”It’s good ... because she (her five- parent is alive—and when told of year-old daughter) is a kid who un- why the parent is in prison—it can derstands a lot. She sees things very help alleviate the child’s clearly and is really open-minded, so guilt.XXXVIII“Children are in a perfect she knows the situation. Now that position to understand what a law I’m going out on furlough (home is. Their own lives are marked with leave) she knows that little by little what is authorised and what is ... I think it’s better that way than if taboo. So they fully understand I lied to her. She understands that those grown-ups have laws to re- I’m here as a punishment.”XXXVII spect as well, or they’ll be punished, The late French psychoanalyst just as they would be. And they Françoise Dolto, during her discus- must be told that prison imposes sions with imprisoned mothers at limits in terms of the law, but not in Fleury-Mérogis Prison in France terms of love. The key is that the (1987), said: “Children must be told children know that their parents still the truth […] about imprison- love them.” ment,…” and elsewhere: “Words hu- — Marie-France Blanco, founder, manise experience; what’s traumat- Relais Enfants Parents (France) ic for a child’s future is what goes unsaid.” Other experts have written How does the child react if he volumes on the deleterious conse- feels that the truth is being con- quences of family secrets on the cealed? How should children be child’s psychological and emotional told and what should they be told? development. Concealing the truth These are key questions. Adults can impair the healthy development must explain using language that is chapter 3:impaginato 11-04-2014 17:20 Pagina 23

Chapter three: The impact of imprisonment on the child

accessible to the child and child-ap- Many countries now have booklets propriate. A surfeit of information and DVDs (such as Bryggan’s pow- can result in little or no information erful animation Emilia) or video being processed by the child. For links to support parents telling chil- those supporting the child it is dren about the imprisonment.XLI equally important to listen to the Once children and parents can child, and to know how to provide talk openly about the imprisonment the opportunity for the child to between themselves, parents can speak; responding to the child’s feel- support children in developing their ings of uncertainty about their par- strategy as to who else to tell. The ents may be more helpful than reality of stigma discussed above telling them their parent is in prison may mean that, however hard, it is both neuropsychologically and be- wiser for children sometimes not to cause the parent needs to retain tell their peers about the imprison- their parental responsibility to tell ment if this will lead to further re- the child themselves. It is a compli- jection. This does lead to children cated and delicate matter.XXXIX The developing skills of suppression. 51 truth children need is their prisoner- Similarly, even if the imprisoned par- parent’s own story to tell and they ent is unable to take responsibility need support to do this. On the im- for their own offence and its conse- pact of telling children the truth, quences, support from the caregiver Alain Bouregba has offered several can help protect the child from tak- subtle insights: “Children and par- ing responsibility for them and so ents alike should not be forced to reduce their need to take on the know or to tell the truth. One should parental role for the prisoner. The help parents find the best possible importance of the role of the im- way to answer the child’s question prisoned parent is discussed exten- and respond to the child’s behav- sively in Chapter 4. iour in a responsible and loving manner. And the truth, particularly Caregivers need support: a key pro- when communicated in a blunt tective factor in children’s resilience manner, is not always the best op- Intuitively, practitioners have tion for the child. It may be couched long known that often the best sup- in an acceptable and less hurtful port for children is support for par- way, but in doing so one should ents, both imprisoned parents and recognise the child’s need for truth. caregiver parents. As in cases of be- The need for truth induces children reavement through death, if the to grow up and evolve as persons. caregiving parent is able to support This makes it different from the the child so much the better. How- truth itself which, when put bluntly ever, immediately after arrest and and “cruelly”, may hurt the child.”XL during the remand stage, the care- chapter 3:impaginato 11-04-2014 17:21 Pagina 24

giving parent will themselves be help with housing and benefits, etc. struggling to come to terms with In poorer countries, the financial im- this family change and their emo- pact of imprisonment can be signif- tional well-being will generally be icant.XLV In some cases, state provi- below that of the whole popula- sion is stacked against them. For ex- tion.XLII ample, in Norway, parents on their Coupled with the parents them- own as a result of imprisonment re- selves, where there is a strong fami- ceive no lone parent benefit. Visitor ly network, grandparents and sib- centres such as those that exist in lings also provide effective buffers. many European countries described When mothers are imprisoned, in Chapter 5 on visits can provide grandparents often take on the car- effective support at the entrance to ing role, and where this is successful the prison before the visitors pass the impact of imprisonment is sig- through the security gates. nificantly reduced. Conversely, the effect on children of being taken in- Case study: Ireland 52 to state care, more likely when a Bedford Row Family Project mother is imprisoned, can be dam- Bedford Row Family Project in aging.XLIII Limerick, Ireland, runs a prison vis- In addition to support specifi- itor centre offering refreshments cally for children, support from and emotional support to the com- NGOs for families of prisoners as a munity of prison visitors.XLVI One of whole is relatively widespread. In its strengths is that it involves vol- many European countries, NGOs of- unteers, staff and board members fer specific support to caregivers who have been prisoners them- through drop-in centres, groups and selves or know first-hand the expe- telephone helplines. The integrated rience of having a family member family support scheme that oper- in prison. This means that people ates in England, and, slightly differ- who came looking for help become ently, elsewhere in the UK, allows change agents in their own com- for much coordination between pris- munities. There is a synergy in ons and support for families at combining direct experience of home.XLIV prisons and the important bound- Often, families require emotion- aries needed in this work. al support in addressing the facts of Bedford Row Family Project be- imprisonment and how best to sup- lieves that the best and most ef- port the children. All prison-specific fective way to address the difficult NGOs are skilled in referring fami- issue of family involvement in lies for more in-depth help to deal crime and the inevitable subse- with the multiplicity of difficulties quent involvement in imprison- they face such as debt counselling, ment and all the distress that that chapter 3:impaginato 11-04-2014 17:21 Pagina 25

Chapter three: The impact of imprisonment on the child

entails is to facilitate responsible, not looking for the stars, but the compassionate, and caring people odds are stacked against them. We from the communities most affect- can build a relationship to work ed by imprisonment to utilise their with the child and the family to wisdom, insight, and strength to make this possible.” bring about long-term change in such families and “break the cy- Children need support from NGOs cle”. Imprisonment brings anger and other agencies and loss to families, and our work- The support from NGOs for chil- ers can help in a restorative way to dren with imprisoned parents and draw the anger out of the parents’ their families is offered and can relationships. help them in many ways—to the Bedford Row has developed a caregiver and the family as a whole, particular Family Support and Cri- for example, rather than the child as sis Intervention Course to offer described above. Surprisingly little workers the skills to equip and to direct community support is provid- support family members and work ed to children by way of groups for 53 with families for long-term change children across Europe. Bryggan in (see Chapter 7 on training). Sweden organises on-going child Once in the door, Bedford Row groups; the articulacy of Swedish also offers support to children. If children in the Coping study de- imprisonment has broken a loving scribed above may be in part attrib- relationship, children need help to utable to this. Indeed, Bryggan’s learn a whole new way of relating groundbreaking work with children, to their loved ones who are in putting them at the heart of the prison through brief phone calls process, enabled them to develop and prison visits really focussed on recommendations with young peo- containment. Sometimes they be- ple which echoed the official Cop- come angry from a place of pain, ing recommendations.XLVII Bryggan’s or they withdraw. The emphasis is training for those running children’s to be the holding environment for groups is further explored in Chap- this child who is suffering pain and ter 7 on training. FFP in Norway al- loss and help them to find mean- so offers groups and holidays, as ing in their emotion and loss so does SAVN in Denmark. In Ger- they can still relate to their father many, Treffpunkt e.V. provides coun- in the loving way as they always selling to children whose parents have and help him find a future of are in prison. Play therapy is offered possibility and hope— “to be able to children of addicts, many of to be a mechanic and have a nice whom are also prisoners, by the house and a happy family”. Lighthouse Foundation in Scot- As one worker said “They are land.XLVIII There are also some useful chapter 3:impaginato 11-04-2014 17:21 Pagina 26

websites specifically for children ing the imprisonment; despite ini- featuring information about impris- tial resistance to social service sup- onment.XLIX Treffpunkt e.V. is also port once it is in place, many fami- building an online counselling serv- lies find it helpful.LI Training of so- ice, with inbuilt safeguards to pro- cial services workers in understand- tect very distressed children. Other ing the possible impacts of impris- family support is available as de- onment on children is still patchy. In scribed below and often children do England, a scheme has been devel- receive assistance from family sup- oped wherein children of prisoners port workers, as part of the whole who exhibit mental health problems family, and are helped by support can be referred speedily for special- given to their parents. ist medical help. Prison-based projects such as the Service Treffpunkt counselling Case study: Switzerland projects in Luxembourg and play Relais Enfants Parents Romands projects in the UK help children de- (REPR) 54 rive a sense of companionship and How support is offered to chil- support from being together. Prison dren is crucial, given the range of visits may be the only time in their emotions and experiences affect- lives when they are with other chil- ing each child. The role of the dren who also know their parents Swiss charity REPR is to welcome are in prison and who share the families and relatives on their same difficulties talking to “peers” prison visits and to support chil- at school and in the community. dren in their relationship with their Other children are not their peers in imprisoned parents. This is based the sense that they do not have this on the following valuesLII: huge burden of knowledge about their parents’ imprisonment. “I have 1. We do not believe in one had to deal with a lot more things unique model of parenting. in my life than my friends.”L The When we accompany children ways in which prison visits for chil- on prison visits, it is important that dren and families can be supported we know how to deal with what by NGOs are discussed in Chapter 5 takes place: what is said between on children visiting prisons. the child and their parent. We are Children of prisoners do not and physically present during all visits should not automatically qualify for (whether it is an individual accom- social work support as a result of paniment or a Creative Workshop their parent’s imprisonment. Howev- as a group). This requires us to er in some cases where children leave behind our own personal no- were in need of support for other tions, that we all have, of how to reasons, this support continues dur- be a parent, whether it is as par- chapter 3:impaginato 11-04-2014 17:21 Pagina 27

Chapter three: The impact of imprisonment on the child

ents or with reference to our own dom and flexibility to the child and personal history and experience as their parent. a child. Furthermore, within the It is up to the child to rebuild prison context there is already a this link in their own way, based certain pressure on the prisoner on their own concerns and ques- and their changed role as a parent: tions. The important thing is that to reflect on how to act and what they are granted the necessary to say. Leaving aside our own no- space to do so. In this way, it is im- tions of how things should be done portant for us to regularly meet the relieves some of the pressure from parents on their own, in order to re- the time the parent and child have view the situation. We must be together. there to support the parent during Moreover, due to our physical the visit as well, to help them deal presence as “professionals whose with whatever the child may bring role is to accompany the child”, to the table. some prisoners may project onto It is also important to be able to us a parental “savoir être” and ask make some compromises in terms 55 us for our advice in this way. It is of the reality of the prison setting important that we forget any no- so that it embodies the phrase: tion of the “perfect parent”, while “Dad can’t come home with you, always remaining supportive. he isn’t allowed to: it is not that he chooses not to.” 2. We help the child through what they experience during 3. We aim to provide a kind and prison visits and we do not caring presence appropriate for systematise/normalise the what plays out between the child responses of the child to these and parent, and to be available visits. for them during this process. What we have gathered from We do not approach a situation our exchanges with the children is with any preconceived truths or that we should not aim to find out formulas; instead, we learn from what a “good” visit consists of, but each situation. Indeed, each situa- that we should allow the child to tion and each moment is unique. express himself with his parent in We also learn from what we could whichever way he feels right, be have done or said differently. that through joy or through tears Working as a team allows us to or by sulking or not wanting to constantly rework this perspective speak. and this enriches our experience. It is therefore important that we As a starting point, we use the remain open to the unexpected to fact that we do not know how a be able to offer this precious free- parent used to act towards their chapter 3:impaginato 11-04-2014 17:21 Pagina 28

child before his or her imprison- family members who are sub- ment. stance-dependent (drugs or alco- During the Creative Workshops, hol). The predictability and group there is no “correct object to structure provide an alternative make”: the important thing is the method for helping children cope way in which each person involved with the chaos and unpredictabili- approaches the proposed activity. ty stemming from the imprisonment of a parent. Solrosen offers 4. We have to be able to abandon individual and group counselling the idea that an encounter must for both children and adults, take place as quickly as possible. camps for children and families In this way, the main issue at and musical activities. hand is that each child, in his own way, takes hold of the situation us- Case study: Norway Foreningen ing his own experience as a reac- for Fangers Pårørende (FFP) tion to the situation; using his own FFP offers activities for children, 56 imaginary world and the reality of with sessions focussing on discus- the encounter with his parent. sions about feelings at times. The Thus, the challenge lies in al- children express that it is a great lowing each child to take charge of relief to meet other children in a his own life experience in his own similar situation. “I feel 100 kilos way, based on the interplay of his lighter!” They describe how they own imaginary world and the real- feel the others understand them, ity of the encounter with the par- without having to explain a lot. We ent. have had some “themed evenings” and dialogue meetings at FFP, Case study: Sweden where we talk about the situation Solrosen (“Sunflower”) of having an imprisoned parent. S olrosen’s main activity is work- Children of various age groups ing with age-specific groups of pris- have taken part (some of them ac- oners’ children. As there can be a companied by a family member). great deal of secrecy surrounding a Once we invited a young woman parent’s incarceration, and adults who grew up with a father in are frequently preoccupied with prison to share her experiences other problems, children often with the children. We also once in- need support and the opportunity vited the (national) Ombudsman to share their experiences with oth- for children, and at another point er children in the same situation. child ambassadors from three pris- The group therapy method is ons. Some of the children who usu- based on an educational pro- ally don’t talk a lot began to talk gramme created for children with about their situation. Some chil- chapter 3:impaginato 11-04-2014 17:21 Pagina 29

Chapter three: The impact of imprisonment on the child

dren just listened, and later told Irish NGO was that the most effec- their mums that they felt so good tive support any government could about knowing that the others felt give would be to support NGOs who just the same way as they do! have the flexibility and creativity to The FFP facilitators know about provide appropriate, cost-efficient the individual situation of each of support to families affected by in- the children beforehand. This is im- carceration. portant, to make sure staff touch upon issues that are relevant for The role of schools: community all the children, to make sure they support available to all children feel included. (Some might have a Children can have many difficul- violent parent, some have long ties at school—missing school as a sentences, some have short sen- result of prison visits, the uncertain- tences, some have a parent who is ties surrounding the imprisonment, about to be or who has been de- the shame of knowing that their ported from Norway after the im- parents have done wrong, for exam- prisonment, some might have ex- ple. Parents need to be encouraged 57 perienced bullying, and so on.) to tell the school about the imprisonment, so that teachers will know. NGOs in turn need support This may mean teachers can be sup- Systemic support for NGOs supportive to children and understand porting children of prisoners is in its changes in behaviour or quite sim- infancy; in England, there is a Min- ply understanding that the children istry of Justice-supported guidance want to be treated as normal. Even for local authorities on how to work when parents have spoken openly with children and families of prison- to their children about the impris- ers, and with local NGOs and in onment, children then have to de- some areas this multidisciplinary cide for themselves (ideally with approach of involving all those who help from their parents too) how come into contact with children much they want to tell their teach- with parents in prison is being de- ers and their classmates. veloped with “Hidden sentence” All children go to school and training, on the impact of imprison- therefore schools offer a good opment on children, being rolled out portunity to provide support for chil- to health visitors (children’s nurses), dren without further stigmatising teachers, police, etc.LIII In its govern- them. In Norway, FFP does extensive mental report to the CRC, France us- work with children in schools raising es its grant to Relais Enfants Par- awareness of the issues of imprison- ents as an indication that it is sup- ment for children. DVDs such as the porting these children.LIV one produced by the Fonds Hout- Certainly, the sense from an man in Belgium, For You Bear My chapter 3:impaginato 11-04-2014 17:21 Pagina 30

Name, assist professionals in intro- ficulties for the families involved ducing the topic.LV It is important and much remains to be done on that schools understand and are this issue. sympathetic to children with par- Public awareness-raising has ents in prison: Families Outside in taken a huge leap forward, with Scotland is pushing forward support mainstream television now taking in schools through both training the families of prisoners into con- and supplying additional resources sideration. In the United States, a for teachersLVI Systematic advice for child, Alex, whose father is in teachers is being developed.LVII prison, was added to the long-running children’s television pro- Children can be affected by the gramme Sesame Street, and an arti- media and lack of public awareness cle in The New York Times featured The shame children feel is often an article on the topic, highlighting compounded by their parents’ trials the importance of children’s main- being publicised on local and na- stream educational television and 58 tional media. In many countries tapping into broad audiences in an there are reporting restrictions if the intelligent way.LIX In Croatia, a main- case involves sexual abuse and the stream television programme look- child is the direct victim, otherwise ing at different ways of supporting covering trials and dramatising in- children of prisoners has been influ- formation for television is seen as ential in facilitating the efforts of normal behaviour even by reputable the Children’s Ombudsperson’s Of- media. It appears that controls in fice to increase public awareness.LX Scandinavia over what the media can publish about trials do, to some Children of prisoners need degree, protect children of those ac- to be considered in policy cused. In Sweden, the judge decides and by the public if the press can report and then the Public awareness has been de- press self-regulate. In the UK, the veloped in different ways across Eu- Press Complaints Commission will rope. For example, in Croatia and protect people who complain about Cyprus as a result of the work of the harassment by journalists, although Children’s Ombudsperson, govern- by this time it may be too late.LVIII ments are kept alerted to their This incident from Ireland is not un- needs.LXI This work by Children’s Om- typical: after a suicide related to budspersons built on work started gang activity, one of the quality in Scotland with the report “Not newspapers published a picture of a seen. Not heard. Not guilty”; since child related to the victim “giving then the Scottish parliament has de- the fingers” to a reporter. The media veloped a cross-party parliamentary had not taken cognisance of the dif- group founded with support from chapter 3:impaginato 11-04-2014 17:21 Pagina 31

Chapter three: The impact of imprisonment on the child

the NGO Families Outside which ing study final conference that chil- has thematically considered many dren of prisoners are to be included of the issues raised here, such as among their categories of vulnera- media coverage, consideration of ble children by both the European children at sentencing, children of Commission and by UNICEF repre- prisoners at school, etc.LXII In govern- sents a huge stride forward in hav- ment agendas for children, there is ing children of prisoners taken into a generally increasing recognition consideration at all levels. of the specific needs of children of prisoners.LXIII Further consideration Children need to be heard of this work, which is a main focus and listened to of most of the members of Children Much good practice has been of Prisoners Europe network—and developed in Sweden, with children indeed of the network itself—is de- devising their own wish list for pris- veloped in Chapter 8 on advocacy. ons, and their own guidance for par- Public awareness of specific is- ents and indeed recommendations sues such as cyberbullying has been for European policymakers. Further, 59 taken up in promotional videos there is guidance about how to en- such as the one recently commis- gage children from the Ombudsper- sioned by Children of Prisoners Eu- son in Sweden, other NGOs, aca- rope; such treatment makes children demics and practitioners. In Nor- aware they are not the only ones way, FFP has developed expertise suffering this harsh experience for through supporting the Ombudsper- children and hopefully gives them sons expert group on children of some support, as well as making prisoners. In relation to children of others aware of what they may be prisoners, as we have seen in their suffering.LXIV values listed earlier, REPR in Switzer- land bases its work around listening Consideration of the perspective to and being led by the children in of children with imprisoned parents how they support them.LXV for all relevant decision-makers This panoply of recommenda- Children need holistic considerations, if implemented at both Euro- tion to cope with the challenges pean, national and at a pan-Euro- which a parent’s imprisonment may pean level, would ensure that chil- bring, and this recommendation re- dren of prisoners’ needs were con- flects this essential broad considera- sidered at all stages of the process tion. Initiatives such as the multi- in terms of policy, practice and indi- disciplinary training mentioned vidual behaviour, and it is to be above and training for sentencers hoped that this would give them a are discussed in Chapter 7. The greater chance of secure futures. recognition as a result of the Cop- Alongside practical recommenda- chapter 3:impaginato 11-04-2014 17:21 Pagina 32

tions, it is important to consider rience of belonging, the experience how these recommendations are im- of community, and an ability to plemented. The requirements of a identify oneself as a member of a restorative practice approach to community what children of prisoners (and oth- Security: Economic, spiritual, emo- ers affected by a crime) need, give a tional, as well as physical security good steer for implementing recom- Action: Power, the ability to act and mendations on how best to meet experience a sense of empowerment, their basic needs: personal autonomy, or agency Meaning: Helping develop a sense Recognition: Respect and acknowl- of purpose and a sense of justice or edgment, appreciation, and basic fairness dignity and self-worth as a human Connectedness: Love and the expe- beingLXVI

I Jones, A. D., Gallagher, B., Manby, M., Robertson, O., Schützwohl, M., Berman, A. H., Hirschfield, A., & Ayre, L., Urban, M., Sharratt, K. (2013). A. Jones (Ed.), Children of Prisoners: Interventions and Mitigations to Strengthen Mental Health. University of Huddersfield. http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf See also Scharff-Smith, P., & Gampell, L. (2011). Children of imprisoned parents. University of Ulster and Bambinisenzasbarre, The Danish Institute for Human Rights, Denmark, European Network for Children of Imprisoned Parents. http://childrenofprisoners.eu/wp-content/uploads/2013/12/DIHR.pdf II Robertson, O. (2012). Collateral Convicts: Children of Incarcerated Parents. Recommendations and Good Practice from the UN Committee on the Rights of the Child Day of General Discus- sion 2011. eva: Quaker United Nations Office. III For additional material see Children of Prisoners Europe website for access to all network member sites. In particular, an animated Norwegian film titled It’s Up to You by Kajsa Næss, in which children recount their personal experience of having an imprisoned father. The production firm Mikrofilm AS received the The Norwegian Ministry of Culture's Human Rights Award for the short film. http://www.nfi.no/english/norwegianfilms/search/Film?key=112946 IV For example, see useful literature review in Robertson, O. (2007). The Impact of Parental Imprisonment on Children. Geneva: Quaker United Nations Office. V See Boswell, G. (2002). Imprisoned fathers: The Children’s View. The Howard Journal of chapter 3:impaginato 11-04-2014 17:21 Pagina 33

Chapter three: The impact of imprisonment on the child

Criminal Justice, 41(1), pp.14-26; and The Coping Project Final Report. VI Codd, H. (2008). In the Shadow of Prison: Families, Imprisonment and Criminal Justice. Willan. VII Coping Report, op. cit. p.325, “Children’s Views” VIII Roberts, S. (2012). The Role of Schools in Supporting Families Affected by Imprisonment. Families Outside. http://www.familiesoutside.org.uk/content/uploads/2012/09/The-Role-of-Schools-in-Sup- porting-Families-Affected-by-Imprisonment-FINAL.pdf. For additional information see The Cop- ing Project Final Report p330. “Children of Prisoners’ and Families’ Experiences of Schools.” IX Coping Report, op. cit. p.358 “Meeting the Imprisoned Parent”. X Ibid. p.25 “Introduction,Continued”. XI The Rights of Children of Incarcerated Parents: Proceedings of the Expert Panel Meeting. Za- greb 2013. The Ombudsperson for Children, Croatia. http://www.dijete.hr/hr/publikacijepravobranitelja/doc_details/368-the-rights-of-children-of- incarcerated-parents.html p.51 XII Coping Report, op. cit. p.327 “Sharing Information with Friends”. XII Ibid. p.314 “Children’s Resilience and Coping Strategies, continued”. This runs against the key role of strong family and school support in Germany XIV Ibid. p.352 “Stigma and Bullying, continued” XV Ibid . p.347 “Stigma and Bullying” XVI See Me Now: A Collection of Facts about Common Children with Unusual Life Experiences. 61 This booklet was prepared by Lisbeth Nilsen, who has led the collaboration with eleven organi- zations, all working to highlight children with unusual life experiences. The booklet describes, among other subjects, the situation of prisoners’ children, children with mentally ill parents and drug addicts, children in poor families, children at risk of abuse and children from isolated communities. http://www.ffp.no/no/litteratur/artikler_og_rapporter/Se+meg+n%C3%A5.9UFRnU4L.ips XVIISee, Understanding the Effects of Maltreatment on Brain Development. (2009). U.S. Depart- ment of Health and Human Services. https://www.childwelfare.gov/pubs/issue_briefs/brain_development/brain_development.pdf Additionally see Adverse Childhood Experiences, Attachment and Resiliency http://opendoorsnh.blogspot.co.uk/2010/07/adverse-childhood-experiences.html And, Oates, J et al. (2012). Developing Brains, Early Childhood in Focus, Bernard van Leer Foundation XVIII Coping Report, op. cit. p.295 “Family Relationship; Family Conflict and Resilence” XIX Bocknek, E., Sanderson, J., & Britner, P. (2009). Ambiguous Loss and Posttraumatic Stress in School-Age Children of Prisoners. Journal Of Child & Family Studies, 18(3), 323-333. doi:10.1007/s10826-008-9233-y XXAmbiguous loss is a phrase coined by Pauline Boss http://www.ambiguousloss.com/about_ambiguous_loss.php XXI There have been various studies on this topic such as: Murray, Joseph, Carl-Gunnar Janson, and David P. Farrington (2007). Crime in adult offspring of prisoners: A cross-national comparison of two longitudinal samples. Criminal Justice and Behavior. 34:133-149. And Murray J, Farrington D, Sekol I, Olsen RF. (2009). Effects of parental imprisonment on child antisocial behaviour and mental health: a systematic review. Campbell Systematic Re- views:4. - The latter, comparing 16 studies from several European countries and the US, showed that children with imprisoned parents ran twice the risk of antisocial behaviour and poor mental health outcomes compared to children without imprisoned parents. Additional Information: Williams, K., Papadopoulou, V., & Booth, N. (2012). Prisoners’ childhood and family backgrounds: Results from the Surveying Prisoner Crime Reduction (SPCR) longitudinal cohort study of prisoners. London: Ministry of Justice XXII Coping Report, op. cit. p.63 “Children’s Resilience and Coping Strategies” in Sweden positive chapter 3:impaginato 11-04-2014 17:21 Pagina 34

support mitigates tendencies towards intergenerational crime XXIIIMurray J. (2009), op. cit. XXIV Coping Report, op. cit. p.523 “Non-Imprisoned Parent/Carer Health Related Quality of Life” For more detail on the impact of imprisonment on carers’ health in Norway see: http://www.ffp.no/no/litteratur/artikler_og_rapporter/P%C3%A5r%C3%B8rendes+helse+ og+livskvalitet.9UFRnSYm.ips XXV Coping Report, op. cit. pp.549-597 “Recommendations” 12 pan-European recommendations, divided into five categories: 1. Policy and Public Awareness: A precondition for change; 2. Child-friendly Criminal Justice Systems: Getting it right from the start; 3. Maintaining Contact with the Imprisoned Parent: What it takes to keep in touch; 4. Advice and Support to Parents and Care-Givers: Getting through the experience 5. The Role of Schools: Friends in a time of need. (There are further detailed recommendations under each heading in the full report) XXVI Scharff-Smith, P., & Gampell, L. (2011), op. cit. XXVII Coping Report, op. cit. p.295 “Family Relationships; Family Conflict and Resilience” XXVIII Scharff-Smith, P., & Gampell, L. (2011), op. cit. XXIX Rufus, I. (2013). Monitoring the welfare of prisoners and their families. Justice for Children of Prisoners: Prisons across Europe national focuses on protocols relating to children of prisoners, pp.10-11. Available online at: http://childrenofprisoners.eu/wp-con- 62 tent/uploads/2013/12/PrisonsAcrossEuropeNewsletter.pdf Rhod, H. E. (2013). The Danish court system: Q&A. Justice for Children of Prisoners: Police, judges & Sentencing: Arrests, trials & children's rights , pp.23-24. Available online at: http://childrenofprisoners.eu/wpcontent/uploads/2013/12/JudgesSentencingNewsletter.pdf In Scotland a pilot initiative was launched whereby arresting officers gave out information about the support available from NGO Families Outside but this has not been sustained over time. XXX Universal Periodic Review Norway: Mid-term report on the follow-up of the recommendations United Nations Human Rights Council under the Universal Periodic Review mechanism (UPR). (2012) p.20 “Human rights education in the police” Available online at: http://lib.ohchr.org/HRBodies/UPR/Documents/Session6/NO/Norway_UPRmid-termreview- June2012.doc XXXI Children of prisoners: The impact of witnessing arrest and how police can help. (2013). Chil- dren of Prisoners Europe, Fundamental Rights and Citizenship programme of the EU. The full text is reprinted in Chapter 8 XXXII Available online at: http://www.prisonadvice.org.uk/our-services/sup-children-fams/left- behind XXXIII This discussion has been spearheaded in Scotland with reports such as: Loureiro, T. (2009). Child and family impact assessments in court: Implications for policy and practice. Families Outside. Available online at: http://www.familiesoutside.org.uk/content/uploads/2011/02/child-impact-statements-stage1.pdf XXXIV Human Rights Report: Sweden (2010), p.2. - Comment on UPR for Sweden available online at: http://www.state.gov/documents/organization/160216.pdf XXXV Shaw, R. (1987). Children of Imprisoned Fathers. Bungay, Suffolk: Richard Clay Publishing. XXXVI Coping Report, op. cit. p.319 “Information Sharing within the Family” XXXVII Feintuch, S. (2013). Power, Perceptions, and Incarceration: An Analysis of Spain’s New Ex- ternal Units for Imprisoned Mothers and Children (Doctoral dissertation, Central European Uni- versity). XXXVIII Christiensen, E. (2001). Imprisoned Parents and their Families: What Can We Do to Min- imise Harmful Effects to Children?. Journal of Child Centred Practice, 84, 85. XXXIVSeigel, D. J., & Hartzell, M. (2014). Parenting from the inside out 10th anniversary edition: How a deeper self-understanding can help you raise children. New York: Penguin Group. chapter 3:impaginato 11-04-2014 17:21 Pagina 35

Chapter three: The impact of imprisonment on the child

For additional information on this topic see: A Scotland for Children: A Consultation on the Children and Young People Bill, available online at: http://www.scotland.gov.uk/Publications/2012/07/7181/3 XL Panel Meeting, Zagreb (2013), op. cit. XLI See Emilia film along with additional materials to assist telling a child about imprisonment online at: http://www.riksbryggan.se/material.html XLIIInformation concerning how to support a child through grief is available online at: http://www.cruse.org.uk/sites/default/files/default_images/pdf/Areas/Northern-Ire- land/SupportingChildren1242011.pdf XLIIIBlades, R., Hart, D., Lea, J., & Willmott, N. (2011). Care—a stepping stone to custody?. Prison Reform Trust. Available online at: http://www.prisonreformtrust.org.uk/ProjectsResearch/Childrenandyoungpeople XLIV Information on PACT-run programmes supporting prisoners’ children and families is available online at: http://www.prisonadvice.org.uk/our-services/sup-children-fams/ Information on the Family Links project in Northern Ireland is available online at: http://www.niacro.co.uk/our-services/working-with-prisoners-their-families-and-children/projects/16/family-links/ A review of the Families Outside Family Support Work in Scotland is available online at: http://www.familiesoutside.org.uk/content/uploads/2013/08/FSW-Annual-Report-April- 2012-March-2013.pdf XLV Coping Report, op. cit. Poverty is listed as one of the main challenges for children in Romania 63 XLVI A brief summary on the work of Bedford Row as well as further information on their project is available online at: http://www.bedfordrow.ie/our-work/ Additionally, a brief video detailing the project in practice is available online at: http://www.youtube.com/watch?v=Zt-cVjVTwqc XLVII Conference outcome report. (2012). Coping with a parent in prison: an agenda for policy reform. Eurochips: Brussels. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/ConferenceOutcome.pdf XLVIIIInformation on the Lighthouse Foundation in Scotland is available online at: http://www.lighthouse-foundation.co.uk/ XLIX Information for children concerning imprisonment is available online at: http://www.ontheinside.org.uk/ (from NIACRO Northern Ireland) L Coping Report, op. cit. p.310 “Children’s Resilience and Coping Strategies, continued” LI Pugh, G. (2004). Sentenced families: signs of change for children with a parent in prison. Ormiston Children & Families Trust. LII Bornand, L., & Schekter, V. (2013). Relais enfants parents romands (repr): Our values. Justice for Children of Prisoners: Prison Visits & Families Impacts, Successes & Struggles, pp6-7. Available online at: http://childrenofprisoners.eu/wp- content/uploads/2013/12/PrisonVisitsNewsletter4Site.pdf Video created by REPR entitled: Children of the Shadows is available online at: http://www.carrefour-prison.ch/Les-Enfants-de-l-ombre-Le LIII Ministry of Justice, (2011). Working with children and families of offenders: A guide for local authorities and partnerships and reducing reoffending and improving outcomes for children. England: NEPACS and Barefoot Research and Evaluation. Available online at: http://www.nepacs.co.uk/resources/documents/1306250756chil- dren_and_families_guide_2011.pdf In 2013 this program was in place in Brighton and Hove in England LIV Comité des droits de l’enfant. Examen des rapports présentés par les Etats parties en application de l’article 44 de la Convention. Troisième et quatrième rapports périodiques des États parties devant être soumis en 2007 LV Car tu porteras mon nom (For You Bear My Name), Sébastien Verkindere, Production Agit. Prod. SA. This film is available in French with English subtitles online at: http://www.fonds- chapter 3:impaginato 11-04-2014 17:21 Pagina 36

houtman.be/fr/les-documents-a-telecharger and in DVD format (without subtitles). Please contact Fonds Houtman for the password: [email protected]). Sloan, D., & Farrelly, J. (2008). It’s a tough time for everyone: information for children and young people who have a parent or relative in prison. Action for Prisoners’ Families. Available for purchase online at: http://www.amazon.com/Its-Tough-Time-Everyone-Informa- tion/dp/0954859375 Information on Barnardos’s Northern Ireland Parenting Matters programme is available online at: http://www.barnardos.org.uk/parentingmatters.htm LVI Information concerning the school reports published by Families Outside of Scotland is available online at: http://www.familiesoutside.org.uk/research-publications/schools/ LVII For example, Education of children with a parent or close relative in prison or at risk of a custodial sentence (2002). Gloucestershire County Council. Available online at: http://www.gloucestershire.gov.uk/schoolsnet/CHttpHandler.ashx?id=35489&p=0 ; or the leaflet from HMP Parc in Wales for all headteachers about the Invisible Walls project, which also offers a range of initiatives involving prisoners, partners, children and all external agencies—“whole family support”. LVIII Information explaining how the PCC helps vulnerable victims is available online at: http://www.pcc.org.uk/assets/111/How_the_PCC_responds_to_a_major_incident_2013.pdf The PCC also has a means of recourse if an individual is concerned about a story that has already been published. Information concerning this process can be accessed online at: 64 http://www.pcc.org.uk/cop/practice.html LIX Angier, N. (2013, November 25). The Changing American Family. The New York Times. The article is available online at: http://www.nytimes.com/2013/11/26/health/families.html?_r=1& LX Parallels: Children from the shadows [television series episode]. (2013). Hrvatska Radiotele- vizija. The programme is available online at: http://www.hrt.hr/enz/paralele/226299/ LXI Koursoumba, L. (2013). The rights of children to maintain contact with imprisoned parents. Justice for Children of Prisoners: Looking Forward Impacts, Successes & Obstacles, pp.7-8. LXII Not seen. not heard. not guilty. the rights and status of the children of prisoners in Scotland. (2011). Edinburgh: Scotland’s Commissioner for Children and Young People. Available online at: http://www.sccyp.org.uk/downloads/Adult%20Reports/2011_NSNHNG_report.pdf LXIII The Scottish Government, (2012). National parenting strategy: Making a positive difference to children and young people through parenting. p9. Available online at: http://www.scotland.gov.uk/Publications/2012/10/4789/9 Department for Communities and Local Government, (2012). The troubled families programme: Financial framework for the troubled families programme’s payment-by-results scheme for local authorities. London: Crown. Available online at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/11469/2 117840.pdf LXIVChildren of Prisoners Europe awareness-raising video on cyberbullying. Explainer Studio, 2014. Available online at: http://childrenofprisoners.eu/?page_id=5092 LXV Young speakers–a method for listening to children. (2011). Stockholm: The Ombudsman for Children in Sweden. Available online at: http://www.barnombudsmannen.se/Global/Publikationer/young%20speakers.pdf The Listening to Prisoners’ Children: a Toolkit produced by PACT is available for purchase online at: http://www.prisonadvice.org.uk/Shop/listening Karlsson, L. (2013). Storycrafting method–to share, participate, tell and listen in practice and research .The European Journal of Social & Behavioural Sciences, pp.1109-1117. LXVINewell, T. (2013). A restorative approach: Considering the needs of all those involved. Justice for Children of Prisoners: Prison Visits & Families Impacts, Successes & Struggles, pp.12-13. Available online at: http://childrenofprisoners.eu/wp- content/uploads/2013/12/PrisonVisitsNewsletter4Site.pdf 8 pagine foto:impaginato 17-04-2014 0:43 Pagina 1

Germany 8 pagine foto:impaginato 17-04-2014 0:43 Pagina 2

Ireland 8 pagine foto:impaginato 17-04-2014 0:43 Pagina 3

Scotland 8 pagine foto:impaginato 17-04-2014 0:43 Pagina 4

England 8 pagine foto:impaginato 17-04-2014 0:44 Pagina 5

Italy

Norway 8 pagine foto:impaginato 17-04-2014 0:44 Pagina 6

Croatia

France 8 pagine foto:impaginato 17-04-2014 0:44 Pagina 7

Netherlands

Switzerland 8 pagine foto:impaginato 17-04-2014 0:44 Pagina 8

New Zealand chapter 4:impaginato 8-04-2014 16:59 Pagina 1

Chapter four: Parenting and prison

Chapter four : Parenting Parenting and prison Imprisonment hinders a parent’s ability to exercise parental authori - Supporting imprisoned parents in- ty. The obstacles frequently encoun - volves a two-step process: eliminat- tered by imprisoned parents can be ing factors that undermine the exer- social, legal, family-based or psy - cise of parental authority—a prison- chological. Before looking at the er’s resistance to seeing the child in various obstacles to parenting from prison, for example; and helping the prison, however, the concept of the parent reconnect with the child. The parental role in its various dimen - impact of imprisonment can distort sions needs to be defined. the parent-child relationship; and The parental role the relationship may become asym- The parental role is much more metric with the child “taking than a parent’s obligation to raise , charge” of the parent emotionally. nourish and protect the child, all This chapter aims to highlight these keystones to parental authority. The and other difficulties that many im- parental role endures even after a 65 prisoned mothers and fathers face child reaches the age of majority, in parenting and to describe a few whereas parental authority ends at initiatives currently operating in that point. The parental role does some European countries that help not necessarily require the physical the parent surmount these difficul- presence of the parent: witness how ties and reconnect with the child. transfixed a child can be by a de - The first section lays the foundation ceased parent’s symbolic , imaginary for parenting, exploring the presence; the parental role subsists parental role, parental authority, to a certain extent. The concept of and the difficulties inherent in par- the parental role is two-fold: there is enting when imprisoned. The sec- a functional role, as well as a cul - ond section looks at a few original tural-symbolic one. initiatives, in France, Belgium, Italy The functional role encompass - and Sweden, that support parenting es the offspring’s socialisation and in prison. gradual understanding of their role as a citizen (child-rearing duties as - signed by society). Yet the child’s motivation in attachment to the parent involves more than the par - ent’s ability to fulfil child-rearing re - sponsibilities—hence the cultural- symbolic role. The child and parent share a common basic identity. Parental involvement in the identi - chapter 4:impaginato 8-04-2014 16:59 Pagina 2

ty-formation process gives parents a tribute financially to an offspring’s pivotal role in transmitting a sense upbringing, imprisonment under - of belonging. The parent has no in - mines the legitimacy of the parent. centive to play this role. Looking at The duty to protect the child is also the parental role from a practical a major mainstay. Through parental standpoint, it is relevant to evaluate protection, the child gains a feeling the parent’s competence in fulfilling of inner security, without which his the role; but if you look at the psychological and emotional devel - parental role in terms of transmit - opment and subsequent socialisa - ting a sense of belonging, it is tion are at risk. The mother essen - meaningless to ask if the parent is tially provides this protection during competent. The issue is rather the first few months of an infant’s whether the parent is in a psycho - life; the father plays a role during logical and social position which en - this period as well, however. The ables a sense of belonging to more secure the mother’s interper - emerge and the parent-child link to sonal environment, the more effec - 66 be forged. tive the mother-child fusion, which Once the distinction between enables the mother to act as a the two roles is made, we can ex - membrane , filtering stimuli for the amine the foundations of each role newborn. The father participates by so as to better evaluate the obsta - protecting the mother-child dyad, cles most likely to have an adverse and conditions the quality of the impact in the case of imprisonment. mother-child fusion. Parental protec - tion continues well beyond the first The parental role: practical aspects few weeks of the child’s life, but From a practical point of view, how this role is carried out during the various components of the this key period is instrumental in parental role entail a series of re - shaping the child’s later develop - sponsibilities with respect to the ment. As a result, careful attention child. These responsibilities include: needs to be paid to the mother -fa - • Nourishing and supporting the ther-child triad during these early child months. The stability of the triad im - • Guarding and protecting the pacts the stability of the child’s child sense of security, which provides a • Stimulating and raising the basis for the child’s interactions child with the world around him; it also Nourishing and supporting the conditions the parent’s long-term child forms the primary link and is stability in assuming responsibility. seen by many as one of the major As an extension of the duty to pro - factors in legitimacy as a parent. By tect, parents—in most cultures it is restricting a parent’s ability to con - the father—are responsible for su - chapter 4:impaginato 8-04-2014 16:59 Pagina 15

Chapter four: Parenting and prison

pervising and protecting the child. largely independent of the parent’s Watching over the child includes teaching skills: a mother who chat - monitoring health and protection ters for long periods with her infant against influences harmful to the lays a much stronger foundation for development of the child’s moral the acquisition of oral and written conscience. skills than a depressed, withdrawn The third duty is stimulating mother—even if the latter is a dis - and rearing the child. Awakening tinguished grammarian. the child’s curiosity, developing the Overall, these three aspects of ability to reason in a fun and play - the parental role are closely linked ful way, and language acquisition and may overlap to a certain extent. skills stem largely from parental par - Yet from a practical perspective, it is ticipation in stimulating and bring - crucial to distinguish between ing up the child. Parents contribute them, particularly in terms of identi - to the child’s intellectual develop - fying how the parent is being hin - ment in individual and decisive dered in fulfilling his or her parental ways. Language acquisition, for ex - role. 67 ample, takes place essentially through contact with the parents, The parental role: cultural-symbolic primarily the mother. The mother- aspects child relationship during the early The parent-child bond is much years conditions the child’s lan - more than a series of responsibili - guage acquisition system and rela - ties. A parent’s attachment to and tionship to wordplay and other ver - tenderness for his offspring deter - bal skills. The child’s mastery of his mine the quality of the child’s rela - mother tongue is basically shaped tionship to the self for the rest of his by the quality of the mother-infant life. Low self-esteem, self -rejection, relationship. A depressed or desper - inhibition and shyness caused by ate mother is not sufficiently ex - shame further undermine the child- pressive verbally when caring for parent relationship. The influence of the child; her speech is perfunctory child-parent relationships in deter - and functional. The absence of mining an individual’s relationship singsong and baby talk in the moth - to the self is based on the bond con - er’s interactions with the child has a stituted by the parent and child’s negative impact and can impair the shared identity. In this way, the par - child’s oral language skills and, lat - ent transmits several essential com - er on, ability to learn to write. The ponents of his own narcissism to the most efficient way for a parent to child. I stimulate the child is through play. It is generally agreed that child- The quality of a parent’s contribu - parent relationships play a deter - tion to the child’s upbringing is mining role in the construction of chapter 4:impaginato 8-04-2014 16:59 Pagina 16

identity and the security of narcis - The child is subjected to two sistic investments. This influence clusters of life-determining factors. constitutes the very basis of the The first cluster includes the par - parental role, no longer construed ents’ sociocultural profile and iden - in practical terms but as a whole, tification with the community; the grounding the individual to his cul - impact on the child’s future is obvi - tural community and reaffirming ous. The second cluster is deter - his sense of belonging. mined by the nature of the mother’s The role of the child-parent and father’s desires for the child. Be - bond in the construction of identity fore the child is even born, the par - revolves around two processes: the ent has a project for his child on affiliation process by which the both an unconscious and conscious child identifies with and integrates level. This project or desire, which is kinship and community structures; projected onto the child, conditions and early attachment experiences. an idealised form of self-realisation The latter determines whether a that the child introjects during the 68 child feels sufficiently loved and first year of life. The process sets up bolsters unconscious feelings of the a kind of internal blueprint for self- right to exist. realisation that the child comes up against throughout his life. (A par - Transmission ent’s projected desires for the child Before a child can assert any de - are inextricably linked to the desires gree of autonomy, he needs to be his own parents in turn projected; a able to acknowledge his position in child’s link to his father’s and moth - life. A child cannot assert his indi - er’s hopes and desires is associated viduality if he does not feel regulat - with their own imaginary link to ed by the position he is subjected to their parents. The link therefore re - early on in life based on his parents’ lates back to an unconscious trans - desires and sociocultural profile. mission mechanism dating back Freedom and psychological inde - over two generations and which, to pendence are not constructed on a a certain point, is independent of tabula rasa. As Sartre maintained, the specific conditions shaping and the individual is conditioned by his forging the present parent-child at - social environment, then turns back tachment.) The unconscious project upon it to condition it in turn , to a for the child determines the parent’s certain degree; for the philosopher, hopes and desires for the child, yet it is this “certain degree”—and noth - differs in part from the parent’s de - ing else—that constitutes the very sires to have the child close by, in essence of freedom. To exist as an proximity—which is more need- individual, we need to have been based. Desire for the child (projects, previously subjected to constraint. hopes for the future) and the desire chapter 4:impaginato 8-04-2014 16:59 Pagina 17

Chapter four: Parenting and prison

to have the child in close proximity Conversely, the fear of not having (needs-based) overlap, but are been desired by the father can lead based on entirely different psychic to inner conflicts stemming from a processes. The latter is what acti - lack of legitimacy or recognition. A vates the attachment-formation father’s recognition is pivotal to nar - mechanisms. cissism and acts on an unconscious level. In addition, during the Oedi - Attachment pal phase, the child is able to re - The stability of the narcissistic solve the eternal father-son conflict dimension of personal identity is if the father has displayed tender - largely dependent on the quality of ness and affection; this is much parental attachment. Until relative - more difficult if the father is violent ly recently, much of the focus has or absent. been on mother-infant attachment. A consensus exists among develop - Obstacles that undermine the mental psychology schools that the parental role infant bases his feeling of omnipo - Once the distinction between 69 tence, on which his primary narcis - the two dimensions of the parental sism rests, on his mother’s atten - role has been made, it becomes pos - tion; this consensus also exists with sible to understand the kinds of ob - respect to the rate of development stacles that can limit an imprisoned of object relations. The child will parent’s ability to fulfil the parental overcome early experiences of frus - role. Eight kinds of obstacles have tration and separation through the been identified. For each one, we permanent psychic presence of the will focus on the specific impact on maternal image. Several authors the various dimensions of the have highlighted correlations be - parental role. tween the role of maternal attach - ment and the formation of self-im - Absence of visits age in children. The importance of The greatest difficulty in terms paternal attachment should not be of the parental role arises in those underestimated, however. The child cases when the child does not visit has a need to feel the father’s at - the imprisoned parent. Both dimen - tachment for him. Why? Paternal at - sions of the parental role are nega - tachment plays a lesser role in nar - tively impacted when there is no cissistic development in comparison contact between an imprisoned par - to maternal attachment; yet it ent and a child. This situation pre - would be hazardous to omit it: an cludes any opportunity to con - adult bases a large part of his feel - tribute to the child’s awakening ings of legitimacy on the experience process. Even in situations in which of having been loved by his father. the parent maintains the ability to chapter 4:impaginato 8-04-2014 16:59 Pagina 18

act during occasional visits or at This loss undermines the quality of least remains informed of the child’s the bond as well as the parent’s development and can contribute fi - contribution in transmitting a sense nancially to meeting the child’s of belonging to the child. To trans - needs, the parent’s child-rearing role mit a sense of belonging, the parent is diminished. The only way to allow must be psychologically prepared to the parent to establish a relation - link the child to someone other ship that includes play and con - than himself. In other words, he tributes to stimulating the child’s must be capable of renouncing pos - imagination, existence, and sociali - session of his offspring in order to sation is through regular contact. foster the child’s sense of belonging The impairment of the parental role to the familial community—of which due to lack of contact not only af - the parent is just one member fects the child-rearing role but also among many others. This psycho - the nature of the parent-child at - logical process of affiliation enables tachment, as well as the quality of the parent to play the role of guide. 70 the parent’s role in the offspring’s When a parent is imprisoned, a lack identity-formation process. of contact intensifies the need to The intensity of the desire to see have the child all to oneself, some - the child causes some parents to re - times at the expense of the psychic duce their attachment to a more understanding of the need to link needs-based pattern—to their need the child to others. for the child; the feeling that their We can measure the degree to child needs them grows less acute. which the absence of contact be - If attachment is reduced to an ex - tween an imprisoned parent and his clusively egocentric dimension, the child impairs the quality of parent - relationship that ultimately could ing. The nature of this impairment be developed fails to reach its full varies, and depends on several fac - potential. A more immediate conse - tors: quence is a loss of the sense of le - • The length of the absence of gitimacy as a parent. contact. To feel legitimate in the • The nature of the parent-child parental role, parents need to feel relationship prior to incarcera that they place greater emphasis on tion. their own responsibility rather than • The psychological facility with on any emotional gratification which parents legitimise their gained from the relationship with parental position. the child. If the parent does not give • The parent’s desire to link the precedence to his sense of responsi - child to the other parent, to his bility, the legitimacy of the symbolic own parents, to his community position of parent is diminished. and the world. chapter 4:impaginato 8-04-2014 16:59 Pagina 19

Chapter four: Parenting and prison

The latter factor weighs heavily pressed; it triggers a reluctance to when the child’s failure to visit is express things in words. Outwardly, due to family conflict. Visits may the offender displays self-confi - not occur for several reasons (see dence and self- assurance, yet is rid - Chapter 5), each differing in degree dled with what can be at times vio - of influence. The leading cause of a lent shame. The parent’s shame re - breakdown in contact is conflict be - veals a loss of legitimacy, and his tween the offender and family role as a parent is adversely affect - members acting as primary caretak - ed. These two causes are more psy - ers. These conflicts can reveal the chological in nature and are linked degree to which the imprisoned par - to internal conflicts. Two other caus - ent’s desire to link the child to his es are more external in nature, and kin becomes diminished and how their influence should not be under - the parent can be blocked from ex - estimated: they include financial ercising his role in the parent-child difficulties and legal and adminis - transmission of belonging. Another trative constraints to visits. problem is an imprisoned parent’s These two external causes need 71 refusal to meet with the child in to be recognised and surmounted prison. This is a common occurrence through initiatives that foster family when the parent is serving a short contact, whether on an administra - sentence, or under the impression of tive level or through financial sup - doing so. In such cases, the parent port. The parent may point to these commonly refuses to have the child external causes when complaining enter the prison, and even refuses to about not seeing the child, yet inform the child of their imprison - NGOs have observed that it is rarely ment. Parents often refuse such vis - due to these reasons alone that the its because they are ashamed with parent does not see the child. It is respect to the child. They also resort merely easier for the imprisoned to lying by omission and all-out lies parent and the family to blame about the parent’s whereabouts these causes than the internal ones. (“your parent is in hospital, at work, This is why a holistic or global ap - abroad on a mission, etc.”) Shame proach must be used—taking into frequently leads to reality avoid - account reasons explicitly evoked by ance in imprisoned parents—refusal the parent, as well as those reasons to see or be seen, to listen or to that are not expressed. Taking both speak, lying and avoidance behav - sets of motivations into account is iours through lies are just some of the only way to help diminish the the psychological mechanisms pro - negative impact of detention on the duced by shame. Shame vis à vis the prisoner’s parental role. child is associated with a loss of self -esteem. Shame is rarely ex - chapter 4:impaginato 8-04-2014 16:59 Pagina 20

Lack of contact in a child-friendly fication of the parent’s needs pre - setting vails over gratification of the child’s In many prisons, children’s visits needs and the quality of parental do not take place in a child-friendly attachment risks being undermined. environment. Some visits areas are unsuitable for children and their Lack of suitable physical special needs and for quality con - environment for family visits tact between parents and children; It is difficult to feel like a parent this has an impact upon the on one’s own. The father becomes a parental role. The more suitable the parent by adjusting his behaviour to environment for relationships in - the expectations he perceives the volving play between child and par - mother to have of him as a father. ent, the better the parent’s opportu - Likewise, the mother needs to feel nity to play a role as a catalyst in reinforced by the father’s attitude awakening the child. Conversely, toward her; he sees her as the moth - when conditions grant parents little er he intended to provide for his 72 opportunity to engage in play activ - child. Each parent’s expectations of ities with the child, they do not help the other determine the ease or dif - the parent learn how to bring up ficulty with which the parental role the child. Exchanges between chil - is carried out. Triangular interac - dren and parents in settings that tions between mother, father and foster play and nonverbal contact child are crucial in underscoring the are as vital to the parent as they are legitimacy of each parent and in to the child. A lack of child-friendly this interplay of expectations. The settings for prison visits also has a lack of sufficient family-friendly negative impact on the nature of prison visits areas offering privacy the child-parent attachment. The for mothers, fathers and children more hostile the setting with re - places a major restriction on the spect to the child, the more the par - conditions necessary to allow the ent feels that he or she is forcing parents to adjust their behaviour to the child to do something when ask - the expectations of their loved ones. ing him to come. During visits in The lack of this type of intrafamilial such settings, the parent often tells setting can disrupt parent-child at - himself that his child would be bet - tachment formation. ter off elsewhere. The feeling that bringing the child into the prison is Family conflict harmful to the child hinders the dis - Family conflict frequently ex - play of attachment to the child; it plains why an imprisoned parent also results in the parent feeling does not receive visits from a child. that his need for the child is greater These conflicts are not all triggered than the child’s need for him. Grati - by the imprisonment; in many cases, chapter 4:impaginato 8-04-2014 16:59 Pagina 21

Chapter four: Parenting and prison

they existed prior to incarceration. sible for his or her imprisoned par - Whatever their origin, they appear ents to take care of him while he is as a major obstacle to carrying out a minor. In France, parental author - the parental role. Family conflict ity can be revoked when a parent is makes it difficult for the imprisoned imprisoned for having abused one parent to exercise his or her duty to of his children, making the child eli - watch over the child. Without har - gible for adoption by another rela - monious communication with care - tive. Such cases are rare, yet must re - takers, the imprisoned parent can - ceive special attention, given the not be kept up to date with the importance of the ethical and de - child’s progress. In addition, as pre - velopmental issues they raise. Less viously mentioned, these conflicts rare than the revocation of parental reduce or eliminate visits of children authority are cases in which impris - to imprisoned parents. The lack of onment can undermine the respon - physical contact between parent sibilities and rights associated with and offspring diminishes the par - parental status. This weakening is ent’s skills in awakening the child to often due to the parents’ ignorance 73 the wonders of the world. of their rights and duties. It is help - Conflict between the impris - ful to facilitate their access to this oned parent and the carer parent kind of information on parental not only undermines the child-rear - rights and responsibilities. This in - ing role but also predisposes a ma - formation can reinforce the jor risk of dysfunction in the rela - parental role on every level. tionships between the child and each parent. Conflict between par - The impact of imprisonment ents frequently triggers expressions on self-esteem and social image and behaviour linked to “appropri - Imprisonment can be likened to ating” the child, whereas in order to a narcissistic test in that it under - feel a sense of parental responsibili - mines self-esteem. Far too frequent - ty, the parent needs to move psychi - ly, public opinion equates the im - cally toward disappropriation. prisoned parent with someone who is unworthy of being a parent. This The impact of imprisonment on the double impairment results in the legal rights and status of parents parent feeling disqualified, which Imprisonment rarely has an im - can be extremely painful and leads pact on the legal rights and status to a decrease in the self-assurance of parents , although occasionally required for carrying out this sym - this does occur . Even family orient - bolic role. Many imprisoned parents ed Italian legislation, for example, experience a sense of illegitimacy, allows a judicial authority to put a for example, when they remind their child up for adoption if it is not pos - child that there are rules on how to chapter 4:impaginato 8-04-2014 16:59 Pagina 22

behave. There is a great need to re - Inadequate income qualify the parent so that he or she The inability to contribute finan - feels fully legitimate in the parental cially to a child’s upbringing can be role. extremely important to an impris - oned parent. This lack of contribu - The impact of imprisonment tion is sometimes seen as abandon - distorts the parent-child ment, and often a loss of legitimacy. relationship and affects the In many cultures, the financial con - parent’s behaviour on release tribution of fathers in caring for the Imprisonment exposes the par - child is the keystone to their legiti - ent-child relationship to risks of ma - macy. This impairment of paternal jor difficulties. The relationship may legitimacy is partially lifted when become asymmetric , with the child the offender sends part of the in - “taking charge” of the parent emo - come earned in prison to the family. tionally. This disruption and dys - Yet the lack of sufficient work avail - functional relationship can cause able in prisons limits this option. In 74 the prisoner-parent on release either a few cases, prison not only restricts to become violent towards their chil - the parent’s ability to contribute fi - dren or to withdraw from their chil - nancially to family life, but also dren’s lives. It is therefore the rela - puts a substantial financial burden tionship itself which needs to be the on the family. Many families, partic - primary focus of support, and not ularly during the remand period, the child . When people are aware must cover the offender’s expenses that this is a potential problem, and and legal fees. For cultural reasons, indeed if the problem is articulated the inability to support the family fi - to prisoner parents , this alone re - nancially has a greater impact on duces the risk of their withdrawal imprisoned fathers than mothers. from the children or violence to - This is not to say that imprisoned wards them. (This is similar to warn - mothers are not deeply affected by ing bereaved people that they may difficulties in supporting the child become depressed ; by naming the financially, but this seems to have possibility, the risk is lessened). This less of a negative impact on the par - therefore needs to be the subject of ent’s sense of legitimacy as a par - training for prison staff and other ent. This phenomenon involves only professionals working with prison - parents who supported their chil - ers and their families both in prison dren financially prior to incarcera - and the community, as well as other tion. In light of this, it is strongly rec - awareness-raising training to ensure ommended that prison services that prisoners and their families maximise a parent’s opportunity to know about the risks of dysfunc - work during imprisonment and con - tional parent-child relationships . tribute to supporting the family fi - chapter 4:impaginato 8-04-2014 16:59 Pagina 23

Chapter four: Parenting and prison

nancially. adverse effects of imprisonment on It is incorrect and dangerous to prisoners’ abilities to act as parents predict that children and their de - and to strive to preserve the quality velopment will suffer from the mo - of their relationship with their child. ment a parent is imprisoned. The ex - We need to refrain from any kind of perience of separation from a par - reductionist approach to predicting ent often brings with it sadness and psychological and emotional distur - pain, but these need not be seen as bances in the child following the in - or become an illness. Facing up to carceration of the parent; yet the adversity is not in itself a mental adverse effects of imprisonment on health difficulty. However, even if the quality of the relationship link - we should not predict problems for ing the child and the parent need to a child because a parent has been be considered. The impact of impris - sent to prison, we must not neglect onment on the ways in which rela - the possible effects of imprison - tionships are established can be ment on the quality of the relation - long-lasting, going well beyond the ship which links the child and par - length of the prison sentence. 75 ent. The impact on the way in which Hence it is necessary to understand the relationship is carried out is and be vigilant towards these ad - sometimes long lasting and often verse effects. persists beyond the period of im - Support initiatives must aim to prisonment. This is why it is key to mitigate the adverse effects of im - seek to understand children and prisonment on carrying out the their relationships with their par - parental function, ultimately safe - ents and to act carefully. guarding the quality of the relation - It is important to mitigate the ship with the child. chapter 4:impaginato 8-04-2014 16:59 Pagina 24

Other problems in the child enable participants to gain a better parent relationship understanding of fatherhood. III Be - low are some considerations from Removing the obstacles to Croatia’s approach of what parents exercising parental role: supporting need to learn about how to support parents in prison their children: Several initiatives have been car - ried out in Europe to support im - Prisoner-parent’s support for a child prisoned parents in their various In spite of the limited circum - roles. The initiatives target all of the stances of communication between aforementioned obstacles except imprisoned parents and their chil - for one: an imprisoned parent’s in - dren, such communication is deci - sufficient income with respect to sively important with regard to its supporting the child. This kind of consequences for a child. Some - obstacle can only be overcome by times a prison visit may be the first prison service initiatives to provide opportunity for a child to talk to his 76 work opportunities for offenders . or her parent and ask all the ques - This chapter focusses on a selection tions he or she wants. Letters are yet of prison-based initiatives by high - another form of communication be - lighting four of them : tween prisoner -parents and their • Craft workshops in which im children. Some of them prefer this prisoned parents create objects way of expressing their thoughts for their children, such as those and feelings. However, children of - run by Relais Enfants Parents as ten need help and support of other sociations (France, Belgium) family members when communicat - • Legal workshops (Spain) ing with their parents through let - • Support groups and individual ters. counselling, such as those initia Children also need their support tives run by Bambinisenzasbarre in what they do, what they occupy (Italy) themselves with and how they lead • “Study circles” for imprisoned their lives. For this reason, a parent parents (Sweden, Italy and Croa who is incarcerated should send out tia) more than just letters: trivial prison- made gifts, photographs, school There are , of course , many other magazines, duplicate degree certifi - parenting initiatives, such as par - cates a child can boast of, etc. enting courses, family learning and A prisoner-parent may support a family support in various countries. II child through writing by doing the Croatia is planning to introduce following IV : a series of workshops for prisoners • Writing frequently and regularly based on psychological principles to • Making reading easier for a chapter 4:impaginato 8-04-2014 16:59 Pagina 25

Chapter four: Parenting and prison

child by writing in a way that and is entitled to privacy and child can understand (using that a child may keep many capital letters, for example), en things secret or reveal them on closing pictures that may serve ly gradually. as illustrations, and making • Encourage a child to en drawingsCreating games for a gage in “shared activities”, al child to play with or unfinished though separated: read the drawings for a child to complete same book, develop common in and send back terests (e.g., sports scores, his • Enquiring about the child’s daily torical events, TV shows, maga routine and showing interest in zines etc.). every aspect of his or her life • Take an interest in seemingly • Suggesting that they both read trivial everyday events of the the same book and later discuss child’s life. it • Play a game with the child dur • Encouraging a child to send ing visits (e.g., a social game), if them all kinds of pictures, let circumstances permit. 77 ters, postcards Try to get more involved in the • Refraining from criticising the child’s upbringing by inquiring child’s letters and creations about child’s feelings regarding • Writ ing letters even if a child certain family or school rules. does not write back so as to However, the child will lose in make the child aware that a par terest if each visit comes down ent is thinking of him or her and to “moralising and preaching”, would like to stay in touch especially if the parent draws comparisons with his or her of It is not always easy for an im - fence. A parent must distinguish prisoned parent to give support to a between their own conduct and child. Just as a child is concerned that of their child . about the outcome of a visit, so is a • Do not make unrealistic promis parent. A parent can best provide es for the future. A child needs support if he listens to what a child support now. has to say. Here are some tips that might be useful to a parent giving In England, short courses such support to a child V: as Time to Connect VI have been de - • Do not be afraid to ask ques veloped to improve relation ships, tions about the child’s daily rou in particular using play as a bond tine. If the parent does not ask, between parents and children. a child might think that he or The four half-day workshops cov she simply does not care. er the following topics: • Keep in mind that a child wants • The impact of a parent’s impris chapter 4:impaginato 8-04-2014 16:59 Pagina 26

onment on their children prisoned parents: a service whereby • The importance of keeping con volunteers (with the support of pro - nected fessionals) accompany the child to • The role of mother or father and see an imprisoned parent when being a good parent from prison families or caregivers do not do so. • “What is play?” and “The role of This service is aimed at imprisoned play” parents who would not be receiving • The different stages of child de visits from their children if the asso - velopment ciation did not pick up the children from their place of residence, drive The fourth and final workshop is them to the prison to meet the par - devoted to the offenders’ planning ent and bring them back home. Fol - and preparing for the child- centred lowing the launch of the first REP in visit, which is held approximately France, craft workshops for impris - two weeks after the workshops. This oned parents were integrated into includes choosing activities that the project. 78 they would like to do with their These weekly workshops run by child at the visit. Approximately two members of the association in four weeks after the child-centred both women’s and men’s prisons are visit, a booster session is held for usually attended by a dozen impris - the group of offenders to share ex - oned parents. For convenience, the periences since the original work - crafts usually are made of fabric; shops, to recap and consolidate wood, cardboard and scrap metal their learning. Following this ses - have also been used. The workshop sion, it is hoped that an informal allows parents to send something to lunch will be held to which parents their child as a symbol of their at - and carers will be invited again and tachment to the child—“proof” of certificates will be presented to the parent’s affection and reassur - those who have completed the ance that he or she has not been course successfully. abandoned by the parent. Work - Child and family visits are ex - shops also foster dialogue between plored in Chapter 5, and there is al - parents and staff running the work - so overlap between parenting initia - shops, providing a positive forum tives and training , which are ex - for reinforcing the offender’s identi - plored in Chapter 7. ty as a parent and for discussion of various issues— difficulties in con - Craft workshops for children necting with the child, the pain of Since its creation in 1985, Relais separation or of feeling inept as a Enfants Parents (REP) has pio - parent, concerns about the child’s neered two initiatives for maintain - future, etc. The workshops serve as ing ties between children and im - support groups for imprisoned par - chapter 4:impaginato 8-04-2014 16:59 Pagina 27

Chapter four: Parenting and prison

ents and help “requalify” the par - groups of women. The prison service ent. asks them to run from one to three This requalification process sessions. These sessions cover the takes place on various levels: law as it relates to the parenting • The personal investment under function, and the rights of the child, taken in crafting an object for and include input from jurists . For the child helps restore a parent’s prisoners who have been subject to self-esteem. legal processes and been impris - • Discussions allow some impris oned , learning about the law is oned parents to un derstand completely new and very popular, how their refusal to see the even when they cannot exercise child in prison or tell the child their parental function adequately the truth can be detrimental to from within prison. the child-parent relationship. The other imprisoned parents Support groups and individual who do see their children can counselling provide positive reinforcement. In addition to crafts workshops 79 • The exchanges serve to inform similar to those run by REP, the Ital - imprisoned parents about ian association Bambinisenzasbarre parental responsibilities in runs support groups for imprisoned bringing up the child, expand mothers and fathers. These informa - ing their knowledge about the tion groups are staffed by psycholo - child and child-related issues, gists, judges, social workers and rep - his needs and the major mile resentatives of institutions to raise stones in child development. awareness on the different aspects • They give imprisoned parents of the child-parent relationship and the opportunity to ask the staff parental roles. The groups also help members to inquire about the reinforce parenting skills. Bam - child’s future and to get in binisenzasbarre also offers individ - touch with those taking care of ual counselling sessions for parents, the child. providing psychological support. In - Over 800 imprisoned parents in formation and support groups and France benefited from this initiative individual counselling are the most in 2013. effective tools in helping requalify parents and improve parenting Legal workshops skills. Yet as Bambinisenzasbarre Niños sin Barreras offers struc - has demonstrated, both require the tured workshops in two prisons in intervention of professionals, which Spain, in one to a mixed group of can be costly. male and female prisoners; and in another, a remand prison , to two chapter 4:impaginato 8-04-2014 16:59 Pagina 28

Parental “study circles”: tations. Some 90 per cent of partic - a case study ipants experienced a good atmos - Sweden’s Prison and Probation phere and fruitful discussions in the Service launched a pilot programme study circles, and found both the fifteen years ago aimed at training written material and special videos prison personnel and former offend - interesting. Discussions with other ers in running “study circles” or par - parents—both peers and staff—were enting courses for imprisoned moth - seen as the most valued and en - ers and fathers. Many study circle lightening elements in the study cir - leaders are prison officers with spe - cles. Feelings of guilt and sorrow cial training. The circles are less surfaced, and discussions also costly and are available for nearly stirred memories of childhood—sep - all imprisoned parents in Sweden; arations from parents, disappoint - but they also boost job satisfaction ments, injustices, and revolved and self-respect among participat - around problems relating to part - ing prison officers. The national um - ners, divorces and parental disap - 80 brella group Bryggan played a key pointment. About one third of the role in launching, developing and parents recalled how their children implementing the study circles. In had been taken into care, often some prisons, Bryggan staff mem - with limited contact with biological bers run the courses together with parents, through a Swedish statute prison staff. An evaluation of the know as LVU. Comments included: - parental study circles vii , encompass - You have unintentionally caused ing both offenders’ and staff per - your children a great deal of trouble. spectives and carried out in fifteen - I feel regret, longing and love. - prisons in Sweden, documented the Now I understand my children’s experience of parental training from need for a mother who does not both inmates’ and staff perspec - take drugs. - I understand how much tives, based on questionnaires and I love my son and what he means to interviews. VIII me. - I realise my value as a parent, despite my current situation. Parents’ experiences of the study Approximately one-third of fa - circles thers had been living with their chil - Many fathers related positive ex - dren prior to incarceration. Another pectations even before the study cir - third had had regular or occasional cles started. Women expressed both contact with their children. Nearly positive and negative expectations, one-third had lost contact with with some fearing being seen as them. Mothers in general had lived “bad mothers” by staff. The atmos - with their children prior to incarcer - phere in the units where the parents ation, but some one-third had chil - were housed also influenced expec - dren living with relatives or foster chapter 4:impaginato 8-04-2014 16:59 Pagina 29

Chapter four: Parenting and prison

parents. Participants said they had Other participants claimed that this gained practical knowledge in the experience changed their view of study circle. Many fathers learned the staff, whose experiences as par - more about their children’s develop - ents and human beings were em - ment and needs at different ages, phasised during discussions. and said that they started to think Overall, many participants ac - more about their children and in - quired a greater understanding of crease their contact with them by their children’s needs, gaining in - phone or post. Many mothers won - sights into their relationships and dered about their children’s experi - interaction. The circles were found ences in foster homes or living with to be especially valuable on the sub - relatives. Voicing their concerns ject of traumas and crises linked to brought relief. Both mothers and fa - parenthood. The study circle form it - thers claimed the discussions gave self was found to work rather well, them insights into criminality, drug although some parents claimed to abuse and how their earlier need follow up circles for deeper dis - lifestyles had affected their chil - cussion and more direct work with 81 dren. They also discovered how im - problems with respect to contact portant they were as parents for with children. their children. Over 90 per cent of participants felt the circles should be offered as How to improve a regular, voluntary activity to all in - Some participants claimed that mates. Some comments: - The circles the circles were too short, bringing are very important both for parents problems to the surface but not al - and their children. - There are so lowing enough time for in depth dis - many convicts who have no contact cussion or problem-solving. A need with their children. - You get help for more in-depth discussions and with the things that always are on working in a more structured way your mind anyway. - There are many were cited. Sections of the study inmate parents who need help to material were seen as too general, get in touch with their children. - ill-suited to their special needs: be - This is very helpful, especially for ing mothers and fathers at a dis - those parents who don’t meet their tance, experiencing difficulties in children regularly. visiting, keeping in touch with their children. Participants saw the role The experiences of the study circle of the study leader as being impor - leaders tant. Some disliked having prison of - Study leaders saw an impact on ficers in this role (sarcastic com - the parents, citing increased con - ments like “Here come all the great tact with children during and after fathers” were overheard at times). the sessions. Offenders spoke more chapter 4:impaginato 8-04-2014 16:59 Pagina 30

about their children, made greater initiatives, but also showed them efforts to telephone or request gaps in their own knowledge—the home leave. Leaders also saw ability to lead groups, work with changes in the relationships to oth - prisoners’ parental role and inter - er participants in the circles and to vene to support prisoners and fami - the staff. The circle created closer lies. There were also organisational bonds among the members and a problems early on in many prisons— sense of cohesiveness in the group. lack of time, difficulties in leaving Participants spoke more about fam - regular duties to other staff mem - ilies and children than about crimes bers, and finding physical space for and drug dealing. Discussions also the circles. Comments included: - enhanced contact and confidence The circles need good planning and between participants and staff, cre - adequate preparation time. - A bet - ating a more personal relationship. ter time schedule is needed. - Better Comments from leaders included: - opportunities for children to visit We have come to know each other their parents in the prison. - Time 82 better and in ways other than the and places must be planned and re - usual ones. - There was increased served for these activities. understanding between staff and Above all, social support and re - inmates. - We, as leaders, now have spect are needed from supervisors better contact with the inmates. - and colleagues within the prison They have seen that prison officers community. The fact that the study are human beings too. circles were not integrated well into Study leaders generally saw the the prison schedule created organi - study circles as meaningful and sational problems, some staff mem - stimulating. They also gave them a bers did not understand the signifi - broader professional role that was cance and purpose of the groups. more motivational and therapeutic. The circles also influenced their own Parental contact with children perception of the prisoners. Some Less than half of participants comments: - The circles provided a had been on home leave; some had warmer atmosphere and increased been granted special supervised interest in the social situation of the home leaves. Less than half of par - inmates. - We feel greater compas - ticipants, both men and women, sion for the inmates and their emo - had visits from their children in tional and social situation. - These prison. Many did not wish to receive circles help us to see the inmates as visits, because they were ashamed individuals. and did not wish to burden their Leading the study circles in - children any further. How much to creased their compassion and inter - tell children about the parent’s sen - est in working with social support tence was a recurring theme. Study chapter 4:impaginato 8-04-2014 16:59 Pagina 31

Chapter four: Parenting and prison

leaders generally advised parents to leader being seconded into the tell the truth, but to describe their prison service to oversee implemen - criminal activities in terms suitable tation, with the aim of ensuring for children (e.g., “Daddy did a very that suitable staff are recruited and foolish thing”). About one-third of trained to deliver the course. The the parents reported having in - parenting course will be mandatory creased contact with their children, for all parents in prison. Previously, mainly through telephone calls, let - the course was optional, but now it ters and visits. Participants also re - is hoped it will have the same ported thinking much more about weight as addictions courses which the future and making plans for prisons ensure are well attended by their future relationships with their prisoners. children—spending more time to - gether, taking trips, keeping promis - Half-hour to one hour for all es. Overall, although some prisons remand prisoners parenting ➱➱ did not give the parental study cir - course in prison support from ➱➱ cles the required priority, the study probation on release 83 groups seemed to have a great pos - The plan and aim now is for itive impact on the situation of the there to be three possible points for incarcerated parents and their com - support for prisoners: munication and contact with their • All prisoners would be offered children. Although the study circles an individual discussion last are a good beginning in assisting ing half an hour to one hour at both parents and children, they the remand stage, ideally within need to be accompanied by child- the first three days of detention. friendly regulations and quality vis - This new development would its facilities sensitive to children’s mean that prison staff were ages and needs that help children aware of the prisoner’s role as a and parents reconnect on a regular parent, and all prisoner parents basis. would be able to hear about their children’s rights, that chil New developments in Sweden dren need information, and how Following on from this evalua - important supporting children is tion of the successful study circles, a for their mental health. In this new project is planned. Bryggan way they are effectively offered Stockholm has been commissioned a taster of the benefits a prison to redevelop the parenting courses parenting class could bring to previously run in Swedish prisons. them. This is part of a large collaborative • During their sentenced impris project with the correctional servic - onment, the plan is that the par es, involving a Bryggan project enting course will be routinely chapter 4:impaginato 8-04-2014 16:59 Pagina 32

offered; this involves ten two- • My challenges (addictions , be hour sessions on the themes de ing responsible for being abu scribed below. sive and receiving abuse , etc. ) • There is a plan to develop fol • My challenges again and how low-up input from the probation to get along with them service on release to assist in • Children’s psychology and devel sustaining the effects of the par opment; also covering separa enting programme, and ideally tion—how it is for children living this would also be available to away from their parents, with people who have been offered other family members or in fos community alternatives to im ter homes prisonment. This last stage • Childhood resilience ; risk and would be particularly important, protective factors (research as parents have been reunited based particularly on COPING) with their children and can dis • Violence—acting violently and cuss real issues that arise in dai suffering violence (film on chil 84 ly life. dren showing how they react to violence shown) The thrust of the parenting • Parenthood using a role-map course is to allow parents to explore ping exercise, to explore the dif their role as a parent and develop ferent roles which parents need strategies for the future. It is to play in their children’s lives planned that this reflective experi - • Reunited with your children or ential learning will help prisoners not? — the value of play look forward to their life on release, and how they manage their “ruck - The pilot is planned to launch in sack” filled with the baggage of life April 2014. A pilot group of approx - they have collected so far. They will imately twenty officers will be of - be offered opportunities to explore fered a five-day training session to their values and how they plan to equip them to conduct the courses, ground their lives for the future. basing sessions on a manual cur - The course sessions will be rently being prepared. It is envis - along these lines, with some modifi - aged that each group will be made cations and further adaptation up of six to eight prisoners; in Swe - when the course is offered to den , as elsewhere, there is often a women prisoners: high attrition rate due to security • Getting to know one another and other reasons ; it may be wiser • “Put your glasses on” and look to start with a larger group. at your children (the video Emil ia is shown) • Me as a parent chapter 4:impaginato 8-04-2014 16:59 Pagina 33

Chapter four: Parenting and prison

Conclusion Ensuring that the parent is able These initiatives present a series to remain a parent despite impris - of opportunities for supporting im - onment is two-fold in terms of pre - prisoned parents in carrying out vention. It helps prevent emotional their parental role in the most effi - and relational difficulties for the cient way. Yet they do not suffice child and their impact on his or her alone to guarantee good quality re - development; it helps preserve for lationships between children and the parent a positive self-image in parents coping with imprisonment. terms of his or her ability to carry They need to be associated with: out the parental role. The benefits • Child-friendly visits areas in pris to society of these kinds of initia - ons to enhance and promote tives justify beyond words the mod - the quality of exchanges be est costs involved in doing so .IX tween parents and children. • Accompanying children in situa Original chapter drafter by tions in which the carer’s family Alain Bouregba (France) and Ulla is hostile to children visiting an Carin Hedin (Sweden) with contri - 85 imprisoned parent. butions from Gianni Biondi (Italy), • Access to paid jobs for parents Sophie Buyse (Belgium) and Lia Sac - with families to allow them to erdote (Italy); second edition editors support their family’s needs de Kate Philbrick, Liz Ayre and Hannah spite incarceration. Lynn, with research by Paola Costa. chapter 4:impaginato 8-04-2014 16:59 Pagina 34

I The attribute of the human psyche characterised by admiration of oneself but within normal limits. II Family learning in England is featured in this DVD: http://www.prisonadvice.org.uk/Shop/kidsvip-dvd III The Rights of Children of Incarcerated Parents: Proceedings of the Expert Panel Meeting. Za - greb 2013. The Ombudsperson for Children, Croatia. http://www.dijete.hr/hr/publikacijepravobranitelja/doc_details/368-the-rights-of-children-of- incarcerated-parents.html IV Adalist-Estrin, A. (2003). Children of Prisoners Library. Family and Corrections Network. V Adalist-Estrin, A. (2003). op. cit. VI Access Time to Connect online at: http://www.prisonadvice.org.uk/our-services/sup-children- fams/ttc VII Hedin, U.C. (2000). Prisoners Parenting—Parenting in Prison. Nordic Social Work, 201-210. VIII Prisoner's parenting evaluation is to document and evaluate the experience of parental training from both the inmate’s and staff perspective. Research Committee Report No. 3 http://www.riksbryggan.se/forskning.html IX See cost to society study carried out by PACT in the UK: Estep, B., & Nicholles, N. PACT, (2012). Economic study of integrated family support programme (CON C43 ). London: Nef Consulting Ltd. 86 chapter 5:impaginato 11-04-2014 17:23 Pagina 1

Chapter five: Children visiting prison, and other forms of contact

Chapter five: An ideal meeting is one where Children visiting prison, each individual is able to see the and other forms other clearly, as they really are, without projecting their own experience of contact onto the other. However, many obstacles, both physical and psycho- In all countries, sentenced prisoners logical, lie in the way of this possi- are allowed to have direct contact bility for children visiting their par- with their families and friends, al- ents in prison. Separation is an es- though the conditions in which vis- sential component of the individua- its take place vary to a great extent. tion process that every child under- There are many obstacles to regular goes, yet separation from parents as visits between children and impris- a result of their imprisonment can oned parents; they can stem from a lead to feelings of fear, abandon- variety of different factors. Children ment and loss, and can have ad- of Prisoners Europe supports an ap- verse effects on a child’s develop- proach that works to ensure that ment (see Chapter 3). Prison visits 87 the preconditions for good visits are for children, both regular standard met, moving towards re-establishing visits which all prisoners can receive contact as early as possible when in and special child-centred visits, play the child’s best interest and towards a crucial role in working through strengthening the child-parent these and other issues, from the ear- bond. The following chapter exam- ly stages of imprisonment. Parents ines how children are affected; ob- in prison need to be given opportu- stacles that may surface, and areas nities to display their affection for of good practice across Europe the child and to carry out their which offer constructive solutions parental role. Children must know by helping to mitigate the adverse that the imprisonment of a parent is impact of having a parent in prison not synonymous with abandon- through maintaining regular quali- ment. They must know that the party contact.I ent still loves them, and that the parent is safe. Young children who participated in a study conducted in Denmark maintained that the first prison visit in particular had been important to them because they were able to see that the parent was still alive.II This has been corroborated by other studies: children from England in the Coping study said reassurance was most im- chapter 5:impaginato 11-04-2014 17:23 Pagina 2

portant at the start of their parent’s bility is taken away. (See Chapter 4 imprisonment.III Yet in some coun- for more on European initiatives to tries like Sweden, there is often no actively support imprisoned parents contact, even by telephone, during in exercising their parental role.) the remand period. As indicated in Chapter 3, the Obstacles good practice ➱➱ impact of parental incarceration on solutions children depends on a constellation of factors—caregiving arrangements, Family conflict and psychological the response of communities and conflict bringing children and schools, and opportunities for regu- imprison➱➱ed p arents into contact lar quality contact with the impris- Families affected by incarcera- oned parent. Maintaining and tion can experience fear and shame, strengthening the child-parent bond which can result in the child being can diminish the dissocialising ef- kept at a distance in the belief that fects of imprisonment and serve as a contact is not in the child’s best in- 88 protective factor for children. It has terests. The family can distance long been known that children who themselves as well. Relationships regularly visit with parents from that are already strained may be whom they are separated show bet- broken off. Separation and divorce ter emotional adjustment, higher exacerbate these difficulties, and I.Q. scores and more improvement in the child may become the object of behaviour than those who do not.IV conflict among adults involved. Stu- Supporting the child-parent dies show that prison visits by chil- bond when mothers and fathers are dren often do not take place becau- in prison also acts as a preventive se of family conflicts and the mo- factor for the imprisoned parent. Im- ther may act as “gatekeeper” to pre- prisonment inevitably involves a vent the child visiting the father.V loss of freedom; it should not exac- Other factors may lead to con- erbate the exclusion of the offender, tact breaking off. Finding someone but go hand in hand with a well-de- who can accompany the child dur- fined approach to combating exclu- ing visits hours, where there is no sion. Providing support to help alle- one within the family network will- viate shame, low self-esteem and ing or able to do so, can present a guilt and granting parents opportu- difficulty. The Relais Enfants Par- nities to remain aware of their chil- ents (REP) model of accompanying dren’s daily activities, be consulted children to prison, in operation in on decisions concerning the child, Belgium, France, Luxembourg and and exercise parental authority can Switzerland, can provide a solution empower offenders, particularly in this case and enable the prison within a context in which responsi- visit. This is also on offer to a limit- chapter 5:impaginato 11-04-2014 17:23 Pagina 15

Chapter five: Children visiting prison, and other forms of contact

ed extent in England and Scotland, What is the best way to support as described in the introduction to the child in this emotionally laden this book. The role of the volunteer situation? A well-defined frame- here is crucial. work is key. What should prevail in any situation is the child’s best in- Accompanying the child terest, something which is not al- The work done by Relais Enfants ways easy to ascertain. Parents (REP) in France revolves around accompanying the child on Preparing for prison visits prison visits to see their parent. Preparing for visits is a top pri- Volunteers, working with sideline ority. It is important that the incar- support from psychologists, social cerated parent understands that workers and other professionals, children visiting involves commit- accompany the children. When ment: the offender is making a possible, the child is always ac- commitment to being a parent to companied by the same volunteer, the child. There is also a need to who provides a secure base for the approach the issue of imprison- 89 child. Volunteers pick up the child ment with the child. Secrecy is of- at home, travel to and from the ten a component when a parent is prison with them and are present imprisoned, yet communicating during the prison visit. In this way, openly about incarceration has they become associated with the been found to be a key protective child’s home base and provide factor for children’s resilience.VI emotional reassurance. Some vol- How does the child react if he feels unteers accompany the same chil- that the truth is being concealed? dren over a relatively long period How should children be told and of time. In cases where caregivers what should they be told? Adults cannot or do not wish to accompa- must explain using language ac- ny the child, preliminary questions cessible to the child. A sur feit of in- to be addressed include: -When formation can result in little or no was the last time the parent saw information being processed by the child? -What has prevented the child. COPE emphasises that it child-parent contact? -Is the child is equally important to listen to aware of why the parent is in the child, and know how to pro- prison? -What factors require spe- vide the opportuni ty for the child cific focus when organising visits? - to speak.VII Imprisoned parents How should visits with the child be may need support in communicat- prepared, vis-à-vis both the care- ing openly with children, to better giver parent and the offender? - understand the impact of secrecy What is the true motivation of the on their development—on the de- parent’s wanting to see the child? - velopment of a child’s reasoning chapter 5:impaginato 11-04-2014 17:23 Pagina 16

capacities, for example. Exercising need access to information about parental authority in prison is a psychosocial support services out- difficult task, even if the child-par- side the prison in order to better ent dynamic was healthy prior to cope with the impact of imprison- incarceration. Imprisoned parents ment (see Chapter 3). It is also cru- separated from children can expe- cial that the imprisoned parent’s rience difficulties in feeling legiti- sense of identity and legitimacy as mate in their role as parent when a parent be reinforced throughout they reconnect. How can parents the prison sentence. Prison visits reconnect with children, despite should be planned, organised and the passage of time, when they programmed in such a way that the cannot participate in events in dai- reconnecting and repairing of family life? The parent may be ignorant ly relationships through regular vis- as to the child’s development and its be carried out in the best possi- needs; parents may feel that the ble conditions (see Chapter 4). child-parent bond is gradually de- In short, children need open, 90 teriorating. Other issues can arise: supportive relationships and to be How can offenders remain parents accompanied to prison if no family in prison? How should the time be member can take them. Children spent and the relationship struc- are often fearful of the first prison tured to foster communication visit, which should take place as with a child in the most construc- early as possible following impris- tive way? How and when can the onment —“within the first week,” imprisoned parent exert parental say many children and young peo- authority: what decisions can he or ple. Showing children where their she still make? Supporting parent- parents are staying in prison helps ing and parenthood is vital. them accept the situation. As mentioned, visits early on in In addition, many imprisoned the prison sentence can be prob- parents have low self-esteem. They lematic in Scandinavia, where there tend to agree with family members tend to be more restrictions on vis- who maintain that prison is no its during the remand period than place for a child and that they are elsewhere in Europe, where remand the ones responsible for not seeing visit allowances may be higher or at the child. A lack of continuity in the least the same as sentenced prison- relationship with the child (low fre- ers’ visit allowances. For children, quency and short duration of visits, not saying goodbye to their parent little or no contact between visits) when they are bailed into remand increases the emotional distance custody or not seeing them for ex- between parent and child. tended periods has been described Ideally, the child and family as “stressful”.VIII chapter 5:impaginato 11-04-2014 17:23 Pagina 17

Chapter five: Children visiting prison, and other forms of contact

Balancing security concerns and prisoner that can be withdrawn as a children’s well-being further disciplinary measure. The recom- awareness-raising in p➱➱riso ns mendation enjoys the support of on child rights the United Kingdom.”IX During judicial and legal procedures and within the prison service, Hostile prison environment for the offender is seldom categorised children working to make ➱➱ as a “parent”. Prison transfers are prison visits as family-friendly based on administrative criteria, as possible and the family and child are rarely Many obstacles surface when taken into account, at best as sec- prisoners and their families are ill-in- ondary considerations. Disciplinary formed about procedures revolving measures in prisons can also have a around prisons and the prison sen- direct impact on visits. The dilemma tence: - Can we visit the person? - for prison authorities is how to dis- What are the required formalities? - cipline prisoners whose behaviour How do prisons operate? - What can may require sanctions, particularly we bring to the prison and how to 91 during visits, yet ensure that the go about this? - Do prison visits re- child’s rights and needs are not quire booking? Children and their jeopardised. This is an ongoing caregivers need support. Informa- dilemma faced even by the most tion about the prison and prison vis- child-friendly prison authorities. Fur- its needs to be available and acces- ther awareness of child rights with- sible to all family members. Families in prison is needed so that their need to learn a whole new lan- right to maintain contact with their guage and process. Many NGOs imprisoned parent, grounded in UN- across Europe provide excellent re- CRC Article 9, is not reduced to a sources, both online and in paper disciplinary measure. Security conform, as well as helplines and Inter- cerns should not prevail over chil- net sites where children and adults dren’s well-being. Recent recogni- can discover how visiting the prison tion in a Universal Periodic Review will be.X The child can be provided report that prison visits are a child’s with books, posters, drawings and right is encouraging: “Ensure that other tools to help familiarise them the best interests of the child are with the prison environment and taken into account when arresting, prepare them for visits ahead of detaining, sentencing or consider- time. The Ormiston Children and ing early release for a sole or pri- Families Trust has used this tool ef- mary carer of the child, bearing in fectively with their photo book Vis- mind that visits of a parent in iting My Dad, as has Spazio Giallo prison are primarily a right of the in Italy.XI child rather than a privilege of the Visits booking schemes greatly chapter 5:impaginato 11-04-2014 17:23 Pagina 18

facilitate prison visits for families. child-friendly to varying degrees— Some countries, such as Northern from the most basic equipment (a Ireland, have efficient online book- box of toys) to supervised play ar- ing systems. Some prisons allow the eas—although parents remain re- family to see a prison cell prior to in- sponsible for the duration of the carceration. At HMP Maghaberry in prison visit (except in a few cases, Northern Ireland, for example, the either where the child is accompa- family members/partners of of- nied by a volunteer, or the prison fenders serving life sentences are takes responsibility at some child- given the opportunity to visit the in- centred visits). mate’s cell. Family members are tak- A well-resourced, family-friendly en on a walking tour of the prison, visitor centre can make a real differ- including workshop areas. This op- ence to the quality of the visits ex- tion also exists in several prisons in perienced.XIII Visitor centres (and Norway for some sentenced offend- family support workers inside and ers. Visualising the prisoner’s cell outside prisons) can help families 92 and certain aspects of prison life prepare for the visit. Children and has been found to bring a sense of family members may have difficulty relief, particularly for family mem- coping with the prison world. The bers visiting for the first time.XII child may have witnessed the par- Visitor centres, buildings at the ent’s arrest, in more or less brutal prison gate often staffed by volun- circumstances. Studies demonstrate teers where families can relax both that insufficient information on during and after the visits, provide dealing with such crises can exacer- support at the prison gate. Such bate trauma.xiv Professionals do not centres operate in some prisons in always know how to help families France, Ireland, the UK, Switzerland because they themselves have not and other countries. A wide variety received adequate training or sup- of facilities exist, ranging from bus port on relevant issues. Families are stops outside prison walls to well- often on their own when enquiring equipped visitor centres in which about contacting the prison and ob- families can wait/spend time be- taining visit permits and managing fore and following visits. Some cen- long distances between home and tres provide refreshments, profes- prison. When accompanied by a sionals to help with information, family member, the child does not book visits and offer consultations. always have child-centred time with This is supervised by a team of pro- the imprisoned parent. Much of the fessionals affiliated with the prison, visit is taken up by discussions often supported by volunteers. In about logistical problems (financial, the UK, such centres are relatively housing, legal fees, etc.). For re- widespread. Visitor centres are mand prisoners, the spouse or part- chapter 5:impaginato 11-04-2014 17:23 Pagina 19

Chapter five: Children visiting prison, and other forms of contact

ner is not always fully aware of the tablishment and the offender’s circumstances surrounding the ar- place of residence may vary based rest, and visits may focus exclusive- on the level of awareness of the im- ly on resolving conflicts. What is a pact which distances have on fami- child’s place given these condi- ly ties and on the size of the coun- tions? Adults can be traumatised by try; women tend to be incarcerated the prison world as well; their anxi- at greater distances since there are eties, if not otherwise channelled, fewer women’s prisons. If geograph- can be transmitted to children. ical distances are great, the family must have access to sufficient Financial concerns and great monies in order to maintain regular distances from homes offer contact with the inmate. Financial families financial supp➱➱ort fo r travel assistance to defray transport costs, Offenders may be imprisoned at such as the Assisted Prison Visits great distances from their homes. Scheme in the UK for disadvan- Travelling long distances adds to taged low-income families, help to the financial burdens of families, ensure regular contact between 93 who most likely have already expe- children and imprisoned parents. rienced a loss of income following In some countries, insufficient imprisonment. There may also be means of transport and the rural lo- time constraints (longer work hours cation of some prisons add to diffi- to make up for loss of income, culties in travelling to and from pris- which reduces time available for ons, and increase the amount of transport). The climate of economic time required for travel. In Latvia difficulty has meant that considera- and Estonia, the costs of travel and tions purely of welfare have in some providing food for the whole family countries influenced harsh choices. and the prisoner for three days (for In Sweden, the requirement to a seventy-two-hour visit) add signifi- house prisoners near their homes cantly to the financial burden of the was removed by legislation in 2011, visit. In Norway, partners of prison- which has led to more children be- ers are not considered to be lone ing housed away from prisons. This parents for state benefit entitle- will have an impact on the number ments, and are therefore particular- of visits taken.XV ly harder hit by imprisonment. In The cost for families of getting the UK, partners automatically re- to prison visits, the times at which ceive benefits, although there may visits are organised and the journey be some bureaucratic delays. time to visits have been cited as reasons why some prisoners do not receive visits from families. Geograph- ical distances between the penal es- chapter 5:impaginato 11-04-2014 17:23 Pagina 20

The prison world can be dren what they are doing and why. daunting for children improve It is also beneficial for prison offi- prison officer attitudes➱ a➱nd search cers to bend down when searching procedures the child, in countries in which visi- Although training for prison of- tors are physically searched, thus ficers on how to deal with children speaking at the child’s level, for exis included either in the mainstream ample. In some prisons, prison offi- training of officers, or in supple- cers receive family contact training mentary training sessions by NGOs, and provide support in difficult sit- in the vast majority of countries in uations. Balancing security needs which COPE network member or- with child-friendly policies is not al- ganisations are based, attitudes still ways an easy task. vary. How prison officers interpret Some countries have developed the regulations and react to visitors specially trained prison officers, and or children can profoundly affect officers who specialise in visits and the children’s experience of the visit supporting families of prisoners. 94 (see Chapter 7). Within each prison in Scotland or- Security procedures can be diffi- ganised by the Scottish Prison Serv- cult for children: they must often en- ice, there are Family Contact Offi- dure long waiting periods and expo- cers (FCOs); specially trained prison sure to intimidating security equip- officers who provide family support ment; in some countries, sniffer dogs and information and contribute to are used and children are frisked.XVI improving prison visits. In Norway, Staff who have received appropriate new legislation will require chil- training can offer sensitive frontline dren’s ambassadors in prisons.XVII family contact because they under- Ambassadors are currently operat- stand the impact of imprisonment ing in prisons in Sweden, where spe- on the families and children and the cially trained prison officers work need to treat them sensitively and with imprisoned parents to rein- appropriately. Several factors ensure force their identity as parents (see efficiency and sensitivity when deal- Chapter 5). ing with visitors entering prison, Other countries focus more on particularly children. A constructive making visits conditions more fami- and positive attitude vis-à-vis chil- ly- and child-friendly. In still other dren and other visitors needs to be countries, associations external to adopted (with respect to security the prison focus on support systems procedures and overall attitude). for families and offer consultations, The child’s perspective needs to be as well as support groups for par- underscored. It is beneficial to chil- ents and children. Sometimes par- dren if prison officers carrying out enting courses can be implemented security procedures explain to chil- to enhance and support visits: the chapter 5:impaginato 11-04-2014 17:23 Pagina 21

Chapter five: Children visiting prison, and other forms of contact

Ormiston Children and Families the prison to the prison visit and Trust in the UK, for example, pro- back outside. The Yellow Space Sys- vides parenting courses, which help tem is intended to accommodate, imprisoned parents reflect on how accompany and support the child they might maximise visits in com- who goes to prison to meet with municating and building relation- their mother or father and in some ships with their children. The Time cases both parents. The “prison to Connect courses run by PACT in scene” is interpreted by those work- England focus on the visit relation- ing with the children, the children ship.XVIII themselves and the family, strug- In short, initiatives supporting gling with prison constraints; they imprisoned parents and family ties have to work within the safety pro- vary according to a country’s or cedures and the related operational prison’s perspective, experience and protocols that become stages of the relative awareness of professionals reception route of a “child-friendly and prison staff dealing with fami- prison”, and lessen the potential lies and/or children. traumatic impact of a strange envi- 95 ronment which the child may per- Case study: The Spazio Giallo ceive as hostile. Reception SystemXIX These stages of the reception This Italian scheme offers an ex- route provide an opportunity to cellent example of how a prison can wait in a “safe place” until it is time welcome a child to the prison and for the prison visit and their contact ameliorate the visit. The NGO Bam- with their imprisoned parent, and binisenzasbarre is advocating that to reprocess their emotional experi- this conceptual and operational ences of the impact with the prison model is replicable in all prisons. and alleviate the painful moment The Spazio Giallo (Yellow Space) of separation from a parent. The Reception System, which Bam- child never gets used to this sepa- binisenzasbarre has piloted in three ration after the prison visit, even if prisons in Lombardy, also provides the duration of the parent’s sen- a tool for monitoring and research tence means that they are used to into the child-parent bond, and was visiting the prison. mentioned by a minister in her tes- timony to the Senate’s Special Com- The Yellow Space mission of Human Rights in Octo- This is the “children’s space” inside ber 2013. the prison. They can rest, play, The model involves two phases draw, speak with children’s work- of intervention: Yellow Space prepa- ers and wait for the visit with their ration and Trovopapà (I find my parent. It is called a “psychologi- daddy), a path from the outside of cal-educational” space. It is not a chapter 5:impaginato 11-04-2014 17:23 Pagina 22

playroom but a place where, through play and language, family relationships are “taken care of”, children’s and families’ needs are met, and subtle guidance on the relationship and child care are offered. Those working in the prison also receive support. Meticulous attention is paid to the Yellow Space environment, and the various elements, signs and messages associated with it.

The Trovopapà path Difficulties in ensuring quality The purpose of the path is to of- contact with parent physical fer children tools to help them nav- environment and arr➱an➱ge ments 96 igate, position themselves in a need to be child-friendly physical space, and enhance their The physical environment of do- chances of emotionally working mestic visits areas (long queues, through a potentially traumatic ex- lack of intimacy, hostile environ- perience. ment, limited access to toilet facili- It provides: ties, crowded conditions) and the • External interventions, which time granted a parent with his or “recognise” and guide them her children—given the host of top- along a dedicated path ics to be discussed between adults, • Internal interventions, which and the restricted number of hours confirm their identity and their allowed for visits—are far from opti- presence mal. Adults have issues to deal with • A map through which they can amongst themselves, which is not see themselves journeying, conducive to child-centred visits. recognising the signs, in the The duration of visits is fixed and spaces and moments they generally is not increased because encounter an offender has children. This im- • An “interactive” album which pacts the quality of child-parent helps them to see the various contact. stages through signs and The lack of welcome at the colours prison, in addition to the other fac- (e.g., Today I am going to ...) tors described, may deter visitors • A storybook about the prison from going to the prison, as well as with which they can identify affecting them once they are there, (Lalla’s Wednesdays). as discussed below. chapter 5:impaginato 11-04-2014 17:23 Pagina 23

Chapter five: Children visiting prison, and other forms of contact

Many prisons are not equipped must be sufficiently agreeable in or- with child-friendly play areas, cru- der for families to continue making cial to keeping children occupied the journey to the prison for visits. and fostering contact between par- There is evidence that a few chil- ents and children. Sanitary condi- dren stop visiting because the visit tions (changing areas, washroom fa- is too distressing despite their good cilities, etc.) are frequently ill-adapt- relationship with their parent.XX ed for children. In general, food and Visits conditions in prison, drink are not available in all visits which are determined by the prison areas, which precludes the crucial administration, vary from country to experience of feeding one’s children country both in duration and type and eating together; children may of contact. In Western Europe, visits have difficulty waiting to eat and tend to be limited to an hour or at drink. most two except in open prisons or The visits area is often inade- during special family visits. Baltic quate space-wise and visits condi- countries Latvia and Estonia offer tions offer few opportunities for tru- much longer visits, which are fur- 97 ly sharing—people can’t move about ther discussed in the section “Con- freely but must remain seated; jugal and Familial Visits” below. Yet items from outside the prison are regular quality contact through forbidden; the area itself is too prison visits is, in some countries, small. The last point is crucial for viewed as a privilege for offenders children visiting imprisoned par- not as an inherent right, either for ents: the visits area must be large the inmate or the child. enough to allow the child to avert The amount of physical contact his gaze and ease tension and dis- allowed between families also tress. varies depending on regime and the Sharing experience is crucial to type of visit. In much of Europe, reg- maintaining relationships. There is ular visits for children take place in frequently insufficient support in as- large visits halls where there are sisting visits with the child (games, many families meeting at the same drawing supplies, etc.) Relation- time. In the Netherlands, the major- ships may also suffer due to lack of ity of ordinary visits operate on the spontaneity in the presence of snake system –a fixed snaking barri- prison officers. These factors er in the room with prisoners seated demonstrate how difficult it is to on one side of the snake and the maintain healthy relationships be- family on the other; sometimes tween imprisoned parents and chil- there are a series of tables for each dren, and how complex the situa- family. How much or how little the tion may be. prisoner and family can move The circumstances of the visits around and have physical contact chapter 5:impaginato 11-04-2014 17:23 Pagina 24

depends on the regime, ranging Specific provisions for children dur- from few restrictions on physical ing ordinary scheduled visits contact between imprisoned par- A greater awareness of the ents and children, to no physical needs of children (and of adults) vis- contact for those on a closed visits iting prisons has developed. Many regime in the UK.XXI prisons are striving to address these In Norway and Sweden, most needs in one way or another. Facili- domestic visits tend to be private in- ties range from boxes of toys and dividual visits. This means that they games to more educational pas- have opportunities for being alone times. There may be play workers as a family, and when facilities are from either services external to the child-friendly, as they are in many prison, or among prison staff. Prison prisons, this can offer an ideal set- play projects offering supervised ting for visits. However it is also im- play areas (frequently staffed by portant that children are protected volunteers) had become almost from parents who are not looking standard in England. With the diffi- 98 out for the child’s best interests— culties in finding volunteers and the having intimate relations while the prison staff to escort and support child is present, for example, and them, there are now significantly other child protection issues. The fewer of these projects. For security NGO FFP in Norway reports their ex- reasons, visitors and offenders fre- perience that the feeling of being quently must remain seated at ta- “locked in” in the visit can affect the bles. Play areas serve to alleviate child. The timing of the visit is also stress during visits, to make visits important. Difficulties are associat- more child-friendly and to allow ed with the longer visits in Estonia— adults to discuss issues among twenty-four hours to seventy-two themselves. Play workers encourage hours every six months—which are the child to go back and forth, in- often not taken up because families terspersing time spent with the par- would have to miss work and chil- ent and playtime, to foster the par- dren school to make these visits; vis- ent-child bond. Families often say its closer to home during school that if it weren’t for the play area hours mean children (even if their and play staff, they would not bring absence is authorised in some coun- their children to visits.XXII tries like the UK) are more liable to In Italy, outside Milan, the Casa be stigmatised and miss out on ed- di Reclusione di Bollate offers child- ucation. friendly play areas for all children visiting detainee fathers, broken down into separate rooms for different age groups (6-12 months; 1-3 years; 4-10 years; 11-14 years). chapter 5:impaginato 11-04-2014 17:23 Pagina 25

Chapter five: Children visiting prison, and other forms of contact

There are age-appropriate facilities For play areas, particularly such and activities, and modular furni- as those described above, great re- ture. There are toys, a “green cor- flection goes into the children’s ner” where children can grow/take needs: special facilities, quality of care of plants and a repair work- support staff, selection of games shop for broken toys, where fathers and toys, etc. to ensure optimal con- can repair the objects. Emphasis is ditions. One worrying tendency is on the entire family visiting togeth- for prisons to “tick the box” and say er, fostering continuity and bringing they have a play area in a corner the everyday (having a meal to- with a box of toys, perhaps installed gether, for example) back into the yet never maintained. Most children time they spend together.XXIII in the difficult prison environment In Belgium, thanks to the finan- need more than this –either from cial backing of various foundations, their parents or someone else who special visits areas have been laid values their play.XXIV out in many prisons. One special initiative is the “trilieux”—child-friendly Specific visits provisions for children 99 visits areas divided into three sepa- in the UK rate sections: a sensorimotor area; a It’s not just me. It’s my wife and relaxation area; and a creativity my children that my imprisonment area. is affecting. I’ve become really Two aspects are crucial: to pay aware of the fact that I’ve hurt my attention to children’s individual wife and my children. It took me a needs in an age-appropriate setting; little while to realise how hard it and to allow the child and parent to has been for her. What’s made it re-create—albeit in a highly differ- easier for me, as a father to bond ent setting—moments that a parent with, and get that relationship with shares with the child in ordinary cir- my children, is the family visits. I cumstances. can’t say enough about Ormiston’s In the UK, the Ormiston Chil- family visits. It makes me see the dren and Families Trust offers reasons why my life isn’t just for me. crèche facilities as an extension of their visitor centre, which allows —Paul, an offender at a prison children to be taken across to the in the UK visits room to join the family part- way through a visit, allowing time There has been more focus in re- for families to discuss difficult is- cent years in developing specific sues if necessary or to avoid chil- child-centred visits, which are of- dren becoming bored or unsettled fered in a variety of different ways within a traditional social visits set- across Europe. There needs to be ting. recognition of the persistence and chapter 5:impaginato 11-04-2014 17:23 Pagina 26

commitment of NGOs in working (where an important element is be- with prison authorities to develop ing able to share a meal together) and sustain such schemes. to Croatia (with support from Visits take on different forms, UNICEF, these are available in all but the crux is identical: emphasis is prisons). In some countries, they are placed on the child-parent relation- mandatory, as in the Netherlands, ship. The setting is also more re- for example, where they are to be laxed than that found in ordinary quarterly. This required national visits areas. provision represented significant • Child-centred visits can be progress, although it effectively re- offered outside regular visits duced availability of visits for pris- and are not always counted as oners and their children in some part of the maximum number prisons, where such visits had previ- of hours allowed for visits. They ously been available every month. can be longer than standard The value of child-centred visits in visits. promoting the bond between par- 100 • The child-friendly setting is more ents and children has now been re- suitable for children. searched, at least for Germany, Swe- • Visits are less restrictive. den and England.xxv Children can move about more Who can be present during freely and have access to child-centred visits varies from physical activities—swimming prison to prison. Sometimes the pool, gardens, gymnasium, caregiver parent is present, some- play area. times it’s the extended family. In • Visits can be theme-based or other settings, the visit takes place feature a variety of different without the caregiver parent but activities at different times. with specially trained professionals, • Some visits offer separate to highlight the child-parent rela- sections with age-appropriate tionship. Regardless of options, it is activities and pastimes (naps, important that the prison deter- mattresses on the ground, toilet mine the targeted objective, in col- facilities for children, nappy- laboration with committed, compe- changing facilities, etc.). tent partners. Research has demonstrated that these visits are highly These visits are run by prison beneficial to children.XXVI The suc- staff or by professionals from social cess of these visits is contingent up- services external to the prison. Since on how time spent with the child is the first edition of this book, child- planned and programmed. centred visits have developed across It is seen as extremely positive if Europe with support from different parties concerned work together be- NGOs, from the Czech Republic fore to best prepare the visits: of- chapter 5:impaginato 11-04-2014 17:23 Pagina 27

Chapter five: Children visiting prison, and other forms of contact

fenders, prison staff, play workers parents can spend time with their and visits centre staff. It is also nec- children aged 13 and under. Some essary to focus on the child and pre- are enclosed rooms that are bright- pare the visit with him or her. This ly coloured and carpeted, open dur- can be done either by the service ing specific hours to children ac- overseeing the visits or by the care- companied by a trained REP volun- giver parent. teer or by social workers. There are The criteria determining which toys, crayons, books and other age- offenders are eligible for these visits appropriate activities. Up to three (security reasons, length of prison families can meet during each one- sentence, child’s best interest, etc.) hour session. In most enclosed play- need to be set and ideally in a way rooms, however, only one family that avoids penalising the child. meets at a time. The opportunity for In addition, in many countries, non-verbal contact and physical af- “Family Days” are organised for Ra- fection is great during these en- madan, Christmas, Easter and other counters. The REP staff member traditional holidays; as part of may foster interaction between the 101 theme-based events or annual cele- child and parent— suggesting the brations organised by the prison for child show a drawing to the parent, imprisoned parents and their fami- for example. The staff member does lies, with football games, barbe- not usurp the parent’s role, but cues, inflatable castles and other works to reinforce their role as par- activities.XXVII ent, if the child should need disci- plining, for example. REP has noted France that prisoners are calmer and more In France, Relais Enfants Par- relaxed; this is transmitted to the ents (REP) offers special prison vis- child.XXVIII There is a correlation be- its for Mother’s Day, Father’s Day tween the use of play areas and re- and other holidays. These provide a duced frequency of crying when good opportunity for children and children leave parents at the end of imprisoned parents to spend quality visits. A prison officer is always pres- time together for several hours. The ent, although the REP staff member caretaker parent is not present, is often left alone, given the trust which provides an opportunity for that has built up over the years be- imprisoned parents and children to tween prison authorities and REP, strengthen their relationship. In ad- which has been fostering these ini- dition, REP in France and ASBL Re- tiatives for nearly thirty years. lais Enfants Parents Belgique in Bel- gium have set up “espaces enfants”: Switzerland independent child-friendly play ar- Relais Enfants Parents Romands eas inside prisons where prisoner- (REPR) in Switzerland supports indi- chapter 5:impaginato 11-04-2014 17:23 Pagina 28

vidual visits and creative workshops in the Netherlands in 2009 requires and are particularly child-centred in all prisons to provide a minimum of how they do this: they let the child four special visits annually for chil- go at their own pace in the meet- dren and imprisoned parents to give ing. “Thus, the challenge lies in al- the latter the opportunity to have lowing each child to take charge of quality physical contact with their his own life experience in his own children (children can climb onto way, based on the interplay of his their father’s laps and they can em- own imaginary world and the reali- brace). One Dutch study, entitled ty of the encounter with the par- “Effect van kinderbezoek aan ent.”XXIX gedetineerde Vaders” (the impact of children’s visits on imprisoned fa- Belgium and Luxembourg thers) explored the effect these chil- Drawing on REP’s experience in dren’s visits had on imprisoned fa- France, visits are organised by these thers and children aged 3 to 13.XXXI services outside ordinary visits and Overall, the study found that the 102 staffed by professionals from social prison atmosphere was much services in standard visits areas. calmer and more humane as a re- Several parents and children meet sult of the visits. A similar model of at the same time; each parent takes requiring child visits to be available care of his or her child. In Belgium, to all prisoners with children has time is spent doing group activities, just been introduced in Scotland. followed by individual activities (child and parent) in the trilieux.XXX Luxembourg Launched in 1996 to provide Northern Ireland (HMP Maghaberry) community-based structures to facil- Visits are organised in which itate child-parent relationships in mothers who bring children on cases of separation and divorce, prison visits have lunch together Service Treffpunkt works at the Cen- with a prison staff member. They tre Pénitentiaire Luxembourg on be- can discuss the various issues and half of children separated from im- difficulties they are facing. Mean- prisoned parents. They offer discus- while, the child is given the oppor- sion groups on child-related issues tunity to visit with the father alone. and crafts workshops for parents to This is crucial for the bonding make “transitional objectsXXXII” for process, particularly for children the child; accompany children on who were born following the fa- prison visits to see parents, with ther’s imprisonment. preparation prior to the encounter; and organise accompaniment for Netherlands children who cannot see the impris- An official government decision oned parent under the ordinary vis- chapter 5:impaginato 11-04-2014 17:23 Pagina 29

Chapter five: Children visiting prison, and other forms of contact

its scheme because the caretaker scheme allows her to spend sixteen cannot or refuses to take them. hours a day at home taking care of Service Treffpunkt arranges for ac- family and household; she leaves companied visits at specific times prison in the early morning, goes and has access to the visits room home, wakes up the children, pre- (when not being used for ordinary pares breakfast and takes school- visits hours). They accompany (with aged children to school, then re- professionals from social services) turns home and takes care of the several children at the same time to other children and household. This see their respective parents. implies that there must be a trusted family member sleeping there at Spain night with the children. Another al- A “private” visits scheme for ternative is to have the woman families and partners is currently in sleep at home at night; someone operation. This visits scheme is de- else takes care of the children for termined by offender category. Up- eight hours during the day. on request by the offender, a mini- 103 mum of one monthly visit for one to Conjugal and family visits three hours is granted. Visits may A wide range of countries and be restricted for security reasons. cultures offer conjugal visits to pris- This is crucial for imprisoned moth- oners. Fewer appear to offer family ers since Spain has one of the high- visits—namely visits that pursue the est rates of female imprisonment in wider aims of maintaining family Western Europe.XXXIII ties and social reintegration rather than those that simply act as incen- Germany tives for good behaviour and oppor- In some prisons in Germany, im- tunities for sexual intimacy. Much prisoned mothers with school-aged of the criticism of conjugal visits fo- children can return home on a daily cuses on shorter intimate visits, basis to take care of their families while a gradual shift in policy and and household. This facilitates support for private family visits is maintaining the family bond and evident in a number of jurisdictions. plays a highly constructive role in Experiences in Norway and Swe- terms of resettlement. Hausfrauen- den suggest that prisons need to be freigang schemes vary from Land to clear about the purpose of visits— Land, however. In Berlin, for exam- whether it is for conjugal visits or ple, imprisoned mothers in open for family visits where parents need prisons can go home every day to to behave sensitively to their chil- take care of the children. There are dren’s needs (when children are restrictions (i.e., no substance awake). In some cases, venues for abuse), but once granted, the family visits have been created with chapter 5:impaginato 11-04-2014 17:23 Pagina 30

considerable thought and care, chance of success after release, such as the newly refurbished visit- both in terms of family relations ing house in Bergen prison in Nor- and in terms of recidivism. Opportu- way.XXXIV nities for families to take part in The system of Private Family Vis- “normal” activities prior to opportu- its (PFVs) in Canada offers one of nities for home leave seemed to of- the best examples of how such vis- fer benefits to all involved, includ- its can work and the benefits they ing the prison. have for prisoners, staff and fami- Well thought-out and properly lies. PFVs normally are granted implemented private family visits every two months for up to seventy- appear to be a positive experience two hours. Positive effects of visits with wide-ranging and long-lasting include addressing the impact of impact on prisoners, families and imprisonment on the offender as a prisons. Offered in conjunction with “family member”; bolstering family a range of other family-focussed relationships; helping prisoners see programmes, they have the poten- 104 themselves as functioning members tial to strengthen ties and offer sup- of their families and communities port to a social group that is often (“deinstitutionalising effect”); and socially excluded and “difficult to boosting potential for positive rein- reach”.XXXV tegration into society with reduced need for after-care agencies. Similar France’s Unités de Vie Familiale programmes such as the Family Vis- (UVFs) iting Program in California, the Only those ineligible for leave or Family Reunion Program in New other alternatives schemes to foster York, Family Visitation in Mississip- family ties can apply for access to a pi, and in Europe, the Unités de Vie UVF. Candidates must be sentenced Familiale (UVF) in France appear to prisoners serving in one of the three offer similar benefits (see below). pilot prisons. All authorisation re- Family visits during which the entire quests from visitors and offenders family can come for a weekend exist must be made in writing to the at some prisons in the Netherlands. prison governor. Overnight visiting programmes for UVFs began operating in France children with mothers in prison of- in September 2003, at the Centre fer further options and often exist Pénitentiaire de Rennes. There are where family visits are otherwise un- now at least seventy UVF rooms in available, for example, in the Unit- over twenty prisons as part of the ed States and Ireland. The evidence prison administration’s policy on from these programmes suggests helping to maintain family ties.XXXVI that participation strengthens fami- Offenders are granted weekend- ly relations and improves the long visits with several family mem- chapter 5:impaginato 11-04-2014 17:23 Pagina 31

Chapter five: Children visiting prison, and other forms of contact

bers. Visits are private, and no time permits and the prisoner trusts prison staff are present. UVFs offer the Relais volunteer, they discuss sentenced prisoners the option of good parenting practices while the receiving family members (some- child is otherwise occupied. times the family members who visit are all adult), building progressively Other initiatives and visits from six to twelve to twenty-four, to Theme-based initiatives current- forty-eight and finally seventy-two ly are operating in Belgium, France hours; if the seventy-two hour visit and the UK. Some revolve around goes well, they can apply for more imprisoned parents producing story- such visits. Some prisoners have had books for children. Working with seven three-day visits in one year. professionals, the parents dream up The UVFs offer privacy in a more stories and capture them in words child-friendly physical environment, and images. The stories are then and during this visit the family live printed and bound. Other initiatives and eat together. involve the imprisoned parent’s Eligibility for UVFs: reading and taping stories for their 105 • Close family members, upon children. proof of legal kinship; • Members of extended family, The Book and Tape (BAT) Club, upon proof of legal kinship; launched in June 2004 at • People who may not have legal Maghaberry Prison by the Northern kinship, but for whom several Ireland Prison Service in partnership factors provide evidence of a with the South Eastern Education legitimate emotional bond to and Library Board and Bright the offender. Books, is now available in three prisons in Northern Ireland. The initia- Requests systematically result in tive aims to promote literacy among a preliminary interview with a staff imprisoned fathers serving a life member from the SPIP (resettlement sentence and their children, and al- and probation services) for all visi- lows fathers in custody to play a tors and an interview with the of- role in their children’s development. fender. The prison governor or one The father selects a book (assis- of his representatives makes a deci- tance is provided for those who sion after receiving a report from have difficulty reading or want the SPIP. guidance in selecting a suitable REP has found these visits par- book) and reads it aloud to produce ticularly helpful to families because a tape recording. over a long period of time neither The book and tape are then lent parent nor child can keep up the to the child, who is encouraged to mask or bravado of shorter visits. If read the book while listening to the chapter 5:impaginato 11-04-2014 17:23 Pagina 32

recording of the father’s voice. In shops, there will be a celebration turn, the children are encouraged to concert, and participants will re- record their comments about the ceive a CD of their musical cre- book and a message to their father, ations.XXXVII who in turn listens to the tape. Chil- dren in the BAT Club are also en- Home leave/furlough couraged to use their local library. The extent to which prisoners In addition to listing books that the can be released for visits home and father and child read together, the thus reduce the need for prison vis- BAT membership card features a its varies according to different na- grid where each time a child takes tional regimes. In Norway, for ex- out a book from his or her local li- ample, prisoners have regular home brary, the librarian can stamp their leave once they have served one- card. After three months, the child third of their sentence. Many coun- is awarded a £5 book token which tries also offer the possibility of ac- can be used to purchase a book companied leaves or “leaves for wel- 106 through a supplier who is offering fare reasons” before home leave can discounted rates on books for the be granted. Family members need children. preparation for these visits but they can greatly assist in re-creating the New Scottish initiative for 2014 family bond strained by imprison- Families Outside and Vox Lu- ment. minis: Prisoners and their families will be able to experience interac- Other forms of contact tion of a very different kind as they create, perform and record music to- Letters gether. Over a series of workshops, In all countries, letters are al- In Tune will help prisoners and fam- lowed and are used to a greater or ilies feel that they are “beyond the lesser extent depending partly on prison walls”, giving them an op- the availability and cost of tele- portunity to lay aside other con- phone calls. They are particularly cerns and enjoy the time together. important for the exchange of At the end of each set of work- cards, drawings and poems.XXXVIII chapter 5:impaginato 11-04-2014 17:23 Pagina 33

Chapter five: Children visiting prison, and other forms of contact

Telephone calls prisons to develop the use of the In- Prisoners are increasingly grant- ternet to facilitate parent-child con- ed access to telephone calls, al- tact. though in countries like Norway, the Initiatives for Skype contact cur- UK and Romania, phone calls are rently are being developed in the expensive. They may also be limited Czech Republic. There are pilot proj- in time. In Sweden, following ac- ects using Skype in Norway, where ceptance of their application, pris- it is thought that this will be helpful oners are allowed fifteen minutes of for prisoners who have family free calls with an extra five minutes abroad, or for those whose family per child each week. The difficulty live far from the prison/are unable with this approach is that children to visit often because of great dis- have no way of communicating di- tances or lack of resources. It is an- rectly and spontaneously with their ticipated that such Skype visits will parents about the important issues be in common usage by the time of life, and they have to talk when it the next edition of this book is pro- suits the prison regime rather than duced. 107 the family. Most children value the phone calls, although some can be Conclusion upset by them.XXXIX In Italy there is The incarceration of a family provision to make calls from prison member has a significant impact on out to cell phones. There is limited the family, who frequently encoun- use of mobile phones allowed in ters financial difficulties as a result. prison in some countries like Slove- The absence of the parent also nia and in one private prison in Eng- changes the family dynamic, result- land. In Germany, where an appli- ing at times in deterioration to the cation needs to be made for each point of breaking down. Maintain- phone call, there are still some Län- ing contact with the family and der where no phone calls are possi- child during imprisonment is of ma- ble. jor importance, as is underscored throughout this guide. Apart from Internet, e-mail and Skype the benefits to the child, including In the UK, there is an “e-mail a their healthier development, which prisoner” scheme whereby family are the primary focus of this book members can sign into a website and of the COPE network, research and send an e-mail to all prisons demonstrates that better contact fa- participating in the scheme. In cilitates resettlement, reduces risk three prisons to date, there is two- of reoffending, and thereby may re- way messaging, which means pris- duce public spending. In England, oners can reply also by e-mail. In PACT has used this cost-benefit ar- Italy, there is encouragement to gument to gain support for their in- chapter 5:impaginato 11-04-2014 17:23 Pagina 34

tegrated family support work de- ing activities that are part of daily scribed above.XL life (e.g., sharing a meal, toilet-train- A great number of initiatives ing) is one clear aim. have been launched to support pris- When children have been vic- oners’ families; yet most hinge on tims of abuse by imprisoned par- the commitment and determination ents, there are caveats. It is impor- of a limited number of professionals tant to listen to the child. The care- or others who feel involved in the is- giver, professionals, lawyers and sue. Gradually regular family con- judges provide input as well. What tact will become more of a standard is crucial is for the child’s best inter- issue in all prison systems; associa- ests to prevail at all times. tions external to the prison need to Prisons must not be seen only as provide sideline support as well. establishments for incarcerating of- Certain initiatives facilitating fenders, but also as places where child-parent contact are set up more children meet with parents in the easily for imprisoned mothers. There best possible conditions to ensure 108 is a consensus on supporting initia- regular and quality family contact tives that safeguard and strengthen and to ensure that the imprison- the mother-child relationship. Yet ment of a parent is not synonymous more recently, greater attention has with rupture and trauma. This been focussed on the importance of overview is far from exhaustive; oth- the father’s role in the lives of chil- er schemes currently operating in dren under the age of three. This many countries are not explored must be taken into account and fa- here, but this by no means implies thers must be allowed to fulfil their that they are less important. role. Individual countries will need to Establishing and strengthening formulate their own priorities for relationships may not always be prison change, such as this list com- easy, so it is crucial that profession- piled by Bambinisenzasbarre in als well-versed in people-centred Italy, based on a questionnaire to therapy be involved (in prison and prison staff. with family members) to support, clarify, establish limits and foster Extension of best practices to regular quality contact. What takes all prisons: place before, after and during visits • A children’s waiting area before allows the child to develop and the visit grow, and ultimately to individuate • Premises solely for visiting through a healthy separation. Re- children (child-friendly space specting the needs of children, and and indoor and outdoor play) allowing the parent to act as parent • Schedules to facilitate the to his or her child, to spend time do- entry of children (booked visits chapter 5:impaginato 11-04-2014 17:23 Pagina 35

Chapter five: Children visiting prison, and other forms of contact

at times suitable to children) • Give parent and child an • An imprisoned parent may opportunity to share in daily enjoy a meal with children activities (meals, nappy- • Provide visits on Sundays changing, homework...) • Allow receiving phone calls • Foster shared activities from minor children (e.g., reading, sports, meal • Regular training of prison staff preparation) for welcoming and “managing” • Ensure that sanitary facilities children. (changing table, sink, toilet) are easily accessible during Other general recommendations visits. might be to: • Provide a family support Original chapter drafted by structure if possible (beverages Marie-Jeanne Schmitt (Luxembourg) available while waiting, etc.), and Nicole Staes (Luxembourg), maybe through a visitor centre with contributions from Nancy • Provide option for extended Loucks (Great Britain) and Jenny 109 child-centred visits based on Bibby (Great Britain); second edi- children’s needs tion editors Kate Philbrick, Liz Ayre • Allow for physical contact, and Hannah Lynn, with research by movement, non-verbal contact Paola Costa. chapter 5:impaginato 11-04-2014 17:23 Pagina 36

I Jones, Adele, Gallagher, Bernard, Manby, Martin, Robertson, Oliver, Schützwohl, Matthias, Berman, Anne H., Hirschfield, Alexander, Ayre, Liz, Urban, Mirjam, Sharratt, Kathryn and Christmann, Kris (2013) Children of Prisoners: Interventions and mitigations to strengthen mental health. University of Huddersfield, Huddersfield. p.103, “Recommendation 3.” Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf II Christensen, E. (2001). Imprisoned Parents and Their Families: What we can do to minimise harmful consequences to the children? Journal of Child Centred Practice, pp.84-85. III Coping Report (2013) op.cit. p. 354, “Experiences of Criminal Justice Systems, continued.” Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf IV Fanshel, D. and E.B. Shinn (1978). Children in Foster Care: A Longitudinal Investigation. New York: Columbia University Press. V Dyer, W. (2005). Prison, Fathers, and Identity: A Theory of How Incarceration Affects Men’s Paternal Identity. Fathering: A Journal Of Theory, Research, & Practice About Men As Fathers, 3(3), 201-219. See also: Rosenberg, J. (2009). Children need dads too: Children with fathers in prison. Quaker United Nations Office, Geneva: Human Rights & Refugees Publications. VI Coping report (2013). op. cit. p.319, “Information Sharing within the Family.” VII Ayre, E. (1996). They won’t take no for an answer: the Relais Enfants Parents. Early Child- hood Development: Practice and Reflections, The Hague: Bernard van Leer Foundation, no. 11. VIII Coping Report (2013). op. cit. p.354, “Experiences of Criminal Justice Systems, continued.” 110 IX The UK’s Universal Periodic Review – Annex document - September 2012, p.52. Available online at: http://www.upr-info.org/IMG/pdf/a_hrc_21_9_uk_annex_e.pdf X See Bryggan, FFP, NIACRO websites. EXODUS are planning to introduce an online chat forum in 2014. XI Visiting My Dad. (2005). Ormiston Children and Families Trust. XII See http://barnesiden.haldenfengsel.no/ click “kart over fengselet”, then click on different areas of the prison to hear an imprisoned parent’s voice reading comments/telling about the various places in the prison. XIII For more ideas about visitor centres and what they can offer visit the following five websites: http://www.carrefour-prison.ch/Faciliter-les-echanges-a-la-Prison http://www.canalalpha.ch/actu/faciliter-les-echanges-a-la-prison-de-la-promenade/ http://www.bedfordrow.ie/our-work/ http://www.prisonadvice.org.uk/our-services/sup-children-fams/visitors-centres http://www.familiesoutside.org.uk/services-and-support/addiewell-visitors-centre XIV Coping Report (2013). op. cit. p.353. “Experiences of Criminal Justice Systems.” XV For an in depth analysis of the effects of distance on the relationship between a child and their imprisoned parent, see: Nicholls, R. (2006) Dads and Kids: The Inside Story. Fathers in Prison and their Children. Felixstowe: Ormiston Children and Families Trust. XVI A 2003 Action for Prisoners’ Families survey with 134 male offenders and 68 female offenders at HMP Camphill found that 81% of men saw family contact as “extremely important”, yet only 55% received visits from their children. Some 95% of women found family contact “extremely important”, yet only 67% received visits from their children. Reasons cited included great geographical distance, cost of travel, visiting times. XVII The experience of a child visiting prison is documented in the KIDS VIP video available online at: http://www.prisonadvice.org.uk/Shop/kidsvip-dvd and in “When daddy is behind bars” available online at: http://helcom.cz/video-kdyz-je-tata-za-mrizemi/ XVIII All prisons are to have child ambassadors/ombudspersons for children who will have a remit to oversee/consider the interests of children visiting prisons, including promoting good practice initiatives and spreading the children’s perspective and knowledge about children’s rights in the prison. XIX Information on the PACT programme Time to Connect available online at: http://www.prisonadvice.org.uk/our-services/sup-children-fams/ttc chapter 5:impaginato 11-04-2014 17:23 Pagina 37

Chapter five: Children visiting prison, and other forms of contact

XX Photos of the Yellow Space reception system are available online at: http://bambinisenzasbarre.org/Cosafacciamo.htm XXI Coping Report (2013). op. cit. p.355. “Contact with Imprisoned Parent/Carer.” XXII Prisoners may be offered only closed (non-contact) visits if the prison feels there are security or other risks (e.g., passing of drugs). XXIII A good practice handbook on Children Visiting Prisons (2005) is available online at: http://www.prisonadvice.org.uk/Shop/children-visiting-prison XXIV More information concerning the programme at Casa di Reclusione di Bollate is available online at: http://www.bambinisenzasbarre.org/SpazioGiallo.htm XXV Coping Report (2013). op. cit. p.364 “Meaningful Activities, continued.” XXVI Ibid. p. 364 “Meaningful Activities, continued.” XXVII Boswell, J., & Wedge, P. (2002). Imprisoned fathers and their children. London: Jessica Kingsley Publishers. XXVIII The PACT produced toolkit: Kids VIP Family Day Toolkit which can help with organizing child-centred visits is available online at: http://www.prisonadvice.org.uk/Shop/kidsvip-toolkit XXIX Ayre, E. (1996). op. cit. XXX Schekter, V. and L. Bornand, (2013). Relais Enfants Parents Romands (REPR): Our Values. In: Prison Visits & Families: Impacts, Successes & Struggle, COPE Special Edition Newsletter. pp.6- 7. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/Prison VisitsNewsletter4Site.pdf. See also the video: Les Enfants de l’ombre, available online at: http://www.carrefourprison.ch/Les-Enfants-de-l-ombre-Le XXXI Child-friendly visits areas divided into three separate sections: a sensorimotor area; a relax- 111 ation area and a creativity area. XXXII Bolwijn, A. & Bolwijn, P. (2004). Effect van kinderbezoek aan gedetineerde vaders. PROCES, 5. pp.196-201. XXXIII In human childhood development, a transitional object is something, usually a physical object, which takes the place of the mother-child bond. Common examples include dolls, teddy bears or blankets. D.W. Winnicott introduced the concepts of transitional objects and transitional experience in reference to a particular developmental sequence. With “transition”, Win- nicott means an intermediate developmental phase between the psychic and external reality. XXXIV In 2014 available figures for high incarceration rates Spain & Cyprus 7.6%, Austria 6.4%, Portugal 5.9%; Netherlands & Germany 5.8% (source: International Centre for Prison Studies). XXXV More information concerning the visiting house in the Bergen prison in Norway is available online at: http://www.adressa.no/nyheter/innenriks/article6427471.ece XXXVI Loucks, N. (2006) Private Family Visits: A Review of the Literature Internationally. Edin- burgh: Scottish Prison Service Internal Document. XXXVII Dujourdy, E. (2013). The work of the European Prison Observatory Project (French Section). In: Prisons Across Europe: National focuses on protocols relating to children of prisoners, COPE Special Edition Newsletter. pp.6-7. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/PrisonsAcrossEuropeNewsletter.pdf XXXVIII Information concerning the In Tune project organized by Families Outside is available online at: http://www.familiesoutside.org.uk/content/uploads/2014/01/Newsletter-Jan14.pdf XXXIX Coping report (2013). op. cit. p.367. “Contact by Telephone and Letter, continued.” XL Ibid. p.366. “Contact by Telephone and Letter, continued.” XLI More information concerning the “email-a-prisoner” programme is available online at: http://emap.prison-technology-services.com/how_it_works.cfm XLII Kovarikova, M. (2013). Implementing Skype programmes in prison. In: Looking Forward: Im- pacts, Successes & Obstacles, COPE Special Edition Newsletter. pp.12-13. XLIII For more information concerning the cost-benefit argument implemented by PACT see: Es- tep , B., & Nicholles, N. (2012). Economic study of integrated family support programme (ifs). PACT, London: Nef Consulting ltd. Available online at: http://www.prisonadvice.org.uk/Resources/Pact/Document/nef_Pact% 20IFS%20Economic%20study.pdf chapter 6:impaginato 11-04-2014 17:24 Pagina 2

Chapter six: More recently, MEP Marie Women prisoners Panayotopoulos-Cassiotou present- and children living with ed an own-initiative report on the impact of incarceration of mothers imprisoned mothers on children to the European Parlia- ment, in 2008.III She stated, Most European prison systems “Women in Europe constitute an av- provide places for babies to live erage of roughly 4.5% to 5.0% of with imprisoned mothers. National the total prison population (from legislation in several countries al- 2.9% in Poland to 7.8% in Spain). lows imprisoned mothers to live Prisons remain geared towards male with their children who were born prisoners and tend to ignore the prior to or during their incarcera- specific problems of women who tion. There are inherent difficulties: are a small though growing propor- “The imprisonment of parents, par- tion of people held in prison. Main ticu larly of mothers of dependent areas of concern are healthcare, sit- young children, is deeply problem- 112 uation of mothers with children and atic, because the child is being pun- professional and social reintegra- ished along with the parent.I” Opin- tion. More than half of the prisoners ions diverge on the appropriateness in European prisons are mothers of of leaving a child with his/her im- at least one child, this percentage prisoned mother. There has long being particularly high in Spain and been concern at a European level in Greece. Children who remain for children living with parents in with their imprisoned mothers re- prison as reflected in a 1997 report quire adequate protection and care on Social and Family Effects of De- and should not suffer from any form tention of a Committee of the Par- of discrimination. Imprisonment of liamentary Assembly of the Council women can have particularly grave of Europe which states: “The need implications when they have been to maintain contacts must not ex- the sole carers of their children prior pose the child to the ill-effects of the to imprisonment. An additional prison experience or prevent the problem is the preservation of fami- mother from receiving vital training ly ties. As there are fewer prisons for her return to work. Responsibili- holding women, they may be im- ty towards children of imprisoned prisoned far away from their homes parents cannot be one-sided.II” and communities, thus limiting the visiting possibilities.” Since the first edition of this book there has been a change in the international standards and thus the accepted approach to chapter 6:impaginato 11-04-2014 17:24 Pagina 15

Chapter six: Women prisoners and children living with imprisoned mothers

women prisoners, as a result of the can have adverse effects.V Recent re- United Nations Rules for the Treat- search demonstrates the impact on ment of Women Prisoners and Non- children of a father’s imprisonment.V custodial Measures for Women Of- Legislation in most European coun- fenders (the “Bangkok Rules”), tries allows imprisoned mothers to which came into force in 2010 live with their children who were specifically giving weight to the born prior to or during their incar- need for international standards for ceration if this is in their best inter- incarcerated women.IV ests. There are inherent difficulties These standards clarify the in determining the children’s best needs of women and indeed their interests: the preferred option children. The rules provide holisti- would be for all children to live cally for women and make hearten- freely. In some cases, the balance of ing reading. Alternatives to custody the child’s best interests may be in for women as primary carers are favour of their staying with their highlighted, as is the need to take mother in prison. into account the rights discussed in 113 Chapter 2 in relation to sentencing, Consideration in the Council and visits for children. A further sec- of Europe of women in prison tion relates to children living with and their children their mothers in prisons. Through- To date, the European Court of out the rules, which relate primarily Human Rights has held that the to the treatment of women in separation of imprisoned mother prison, there are specific references and baby does not violate Article 8 to the need to take into account the in that the national authorities do children’s best interests in all that not have to take any special meas- concerns them, thus ensuring that ures to secure the child with the the children’s interests cannot slip mother in prison, and consequently through the net as being of no con- neither the child nor the mother has cern to prison authorities. an automatic right to stay together: These rules were created in “the best interest of the child has no recognition of the gender differ- paramount weight in the assess- ences in the crimes committed by ment of the various interests at women, but also the particular stake: prevention of crime, public or- harshness for children of having der or protection of the rights of oth- their primary caregiver in custody. It ers”. has long been considered that the In its tenth General Report, the separation of children from their pri- (European) Committee for the Pre- mary carer, who is most often the vention of Torture (CPT) made gen- mother, particularly during the cru- eral recommendations on ante- and cial 0-3 years attachment phase, post-natal care of women in prison: chapter 6:impaginato 11-04-2014 17:24 Pagina 16

“Every effort should be made to erning principle in all cases must be meet the specific dietary needs of the welfare of the child. This implies pregnant women prisoners, who in particular that any ante- and should be offered a high protein di- post-natal care provided in custody et, rich in fresh fruit and vegetables. should be equivalent to that avail- “Babies should not be born in able in the outside community. prison, and the usual practice in When infants and young children Council of Europe Member States are held in custodial settings, their seems to be, at an appropriate mo- treatment should be supervised by ment, to transfer pregnant women specialists in social work and child prisoners to outside hospitals. Nev- development. The goal should be to ertheless from time to time, the CPT produce a child-centred environ- encounters examples of pregnant ment, free from the visible trappings women being shackled or otherwise of incarceration, such as uniforms restrained to beds or other items of and jangling keys. Arrangements furniture during gynecological ex- should also be made to foster the 114 aminations and/or delivery. Such normal development of motor and an approach is completely unac- cognitive skills of infants in prison. ceptable, and could certainly be In particular they should have ade- qualified as inhuman and degrad- quate play and exercise facilities ing treat ment. Other means of meet- within the prison and, wherever pos- ing security needs can and should sible, the opportunity to leave the be found.” establishment and experience ordi- “Many women in prison are pri- nary life outside its walls. Facilitat- mary carers for children (or others), ing child-minding by family mem- whose welfare may be adversely af- bers outside the establishment can fected by their imprisonment. One also help ensure that the burden of particularly problematic issue in this child-rearing is shared (for example context is whether—and if so, for by the child’s father). Where this is how long—it should be possible for not possible, consideration should infants and young children to re- be given to providing access to main in prison with their mothers. crèche-type facilities. Such arrange- This is a difficult question to answer ments can enable women prisoners given that, on the one hand, prisons to participate in work and other ac- clearly do not provide an appropri- tivities inside the prison to a greater ate environment for infants and extent than might otherwise be pos- young children, yet on the other sible.”VII hand, the forcible separation of The length of the child’s stay in mothers and infants is highly unde- prison sometimes depends on the sirable.” care facilities outside the prison. “In the view of the CPT, the gov- How long children stay in prison is chapter 6:impaginato 11-04-2014 17:24 Pagina 17

Chapter six: Women prisoners and children living with imprisoned mothers

also often linked to what is seen as search and dissemination to pro- a normal period of breast-feeding, mote their use. The excellent Guid- which can differ from culture to cul- ance and Index of Implementation ture. In the Netherlands, in the documents which form part of 1970s, some gypsy women living Prison Reform International’s Imple- with their children in prison breast- mentation toolkit demonstrate how fed until the child was one and a best to do this and to assess half years old. Authorities have progress as well.X Much of what is since ruled that a nine-month peri- required by the rules is in force al- od should be sufficient. This also be- ready somewhere in Europe, and it came the rule for the maximum stay is for all states and their NGOs to of a child in a closed prison. ensure that these rules are genuine- European fora have consistently ly in place in policy and practice; criticised the practice of keeping ba- the implementation toolkit provides bies and young children in prison a possible approach. since the turn of the century. For ex- After outlining the relevant ample, a 2000 report from the rules, we will discuss in this chapter 115 Council of Europe called for a new the progress of their implementa- approach and stressed that, “The tion, the issues they raise, instances need to maintain contact must not of good practice relating to children expose the child to the ill-effects of whose mothers are in prison and the prison experience or prevent the key recommendations. mother from receiving vital training for her return to work. Responsibili- Key rules relating to children ty towards children of imprisoned of prisoners in the Bangkok parents cannot be one-sided.”VIII This RulesXI culminated in a Council of Europe Suspension of custody to allow resolution in 2009 on women in for care of the child, information prison, which also considers their about children and imprisonment children but does not make any ref- close to home erence to the rights of children, re- Rule 2.2. Prior to or on admis- ferring rather to “the disruption and sion, women with caretaking re- emotional costs which may ensue sponsibilities for children shall be for both the mother and child(ren)”. permitted to make arrangements for In many details this resolution pre- those children, including the possi- empted and set the scene for the bility of a reasonable suspension of Bangkok Rules.IX detention, taking into account the Whilst the Bangkok Rules are best interests of the children. still at the implementation stage, they are designed to influence Register change, including articles on re- Rule 3.1. The number and per- chapter 6:impaginato 11-04-2014 17:24 Pagina 18

sonal details of the children of a Visits from children to be enabled, woman being admitted to prison safeguarded from disciplinary shall be recorded at the time of ad- proceedings and child-friendly mission. The records shall include, Rule 23. Disciplinary sanctions without prejudicing the rights of the for women prisoners shall not in- mother, at least the names of the clude a prohibition of family con- children, their ages and, if not ac- tact, especially with children. companying the mother, their location and custody or guardianship Contact with the outside world status. and with children Rule 3.2. All information relating to [Supplements rules 37-39 of the the children’s identity shall be kept Standard Minimum Rules for the confidential, and the use of such in- Treatment of Prisoners] formation shall always comply with Rule 26. Women prisoners’ con- the requirement to take into ac- tact with their families, including count the best interests of the chil- their children, their children’s 116 dren. guardians and legal representatives shall be encouraged and facilitated Allocation by all reasonable means. Where pos- Rule 4. Women prisoners shall sible, measures shall be taken to be allocated, to the extent possible, counterbalance disadvantages faced to prisons close to their home or by women detained in institutions place of social rehabilitation, taking located far from their homes. account of their caretaking respon- Rule 27. Where conjugal visits are sibilities, as well as the individual allowed, women prisoners shall be woman’s preference and the available to exercise this right on an ability of appropriate programmes equal basis with men.XII and services. Rule 28. Visits involving children shall take place in an environment During custody that is conducive to a positive visit- Searching must be done taking ing experience, including with re- into account the dignity of both gard to staff attitudes, and shall al- mothers and children low open contact between mother Rule 21. Prison staff shall and child. Visits involving extended demonstrate competence, profes- contact with children should be en- sionalism and sensitivity and shall couraged, where possible. preserve respect and dignity when searching both children in prison Training of prison staff with their mother and children visit- Rule 33.1. All staff assigned to ing prisoners. work with women prisoners shall receive training relating to the gen- chapter 6:impaginato 11-04-2014 17:24 Pagina 19

Chapter six: Women prisoners and children living with imprisoned mothers

der-specific needs and human rights Sensitive arrangements for child of women prisoners. to return to care in the community Rule 33.2. Basic training shall be Rule 52.1. Decisions as to when provided for prison staff working in a child is to be separated from its women’s prisons on the main issues mother shall be based on individual relating to women’s health, in addi- assessments and the best interests tion to first aid and basic medicine. of the child within the scope of rele- Rule 33.3. Where children are al- vant national laws. lowed to stay with their mothers in Rule 52.2. The removal of the child prison, awareness-raising on child from prison shall be undertaken development and basic training on with sensitivity, only when alterna- the health care of children shall also tive care arrangements for the child be provided to prison staff, in order have been identified and, in the for them to respond appropriately in case of foreign-national prisoners, in times of need and emergencies. consultation with consular officials. Rule 52.3. After children are sepa- Children to live with their mothers rated from their mothers and placed 117 when it is in their best interests with family or relatives or in other and be given best care alternative care, women prisoners Rule 49. Decisions to allow chil- shall be given the maximum possi- dren to stay with their mothers in ble opportunity and facilities to prison shall be based on the best in- meet with their children, when it is terests of the children. Children in in the best interests of the children prison with their mothers shall nev- and when public safety is not com- er be treated as prisoners. promised. Rule 50. Women prisoners whose children are in prison with them Alternatives to custody to be shall be provided with the maxi- considered mum possible opportunities to Rule 58. Taking into account the spend time with their children. provisions of rule 2.3 of the Tokyo Rule 51.1. Children living with their Rules, women offenders shall not be mothers in prison shall be provided separated from their families and with ongoing health-care services communities without due considera- and their development shall be tion being given to their back- monitored by specialists, in collabo- grounds and family ties. Alternative ration with community health serv- ways of managing women who ices. commit offences, such as diversion- Rule 51.2. The environment provid- ary measures and pre-trial and sen- ed for such children’s upbringing tencing alternatives shall be imple- shall be as close as possible to that mented wherever appropriate and of a child outside prison. possible. chapter 6:impaginato 11-04-2014 17:24 Pagina 20

Current situation in different Euro- 3).XV In Italy, since the Finocchiaro pean states for women who offend Law (2001), women prisoners have The application of the rules is been able to leave prison in order to considered below. It is interesting to support any under-age children. This see the extent to which they are in law also introduced “special home effect and being implemented in detention” for mothers of children Europe. under ten years of age, after the first third of their sentence has been Alternatives to imprisonment and served and relapse is considered un- suspension of sentences (Rule 58) likely; Law n. 62 of 2011 further es- Thus we can see that the tablished the principle according to Bangkok Rules offer a complete which a mother with a child under methodology for looking after six years of age does not have to go women in prison. Chronologically, to prison, except for crimes which we start with sentencing. The rules are considered very serious.XVI De- require sentencers to consider alter- spite these examples of good prac- 118 natives to imprisonment, as has tice and the Bangkok Rules, al- been touched on in Chapter 2. The though it is hard to find exactly current thrust of reform in the UK is comparable data, it seems clear that too many women go to prison, that incarceration rates for women and there have been high-level re- are still creeping up in some coun- ports in both England and Scotland tries. This increase is a concern for to this end.XXIII After a period of un- the World Health Organisation.XVII certainty, England is now cited by Prison Reform International as an Women given time to make area of good practice in relation to arrangements for children before this, in particular as a result of in- serving sentences (Rule 58) troducing new “strategic objectives If women are sole carers they for female offenders in 2013”, re- will need time at arrest, and on sen- ducing the numbers of women in tencing, to make arrangements for prison, and introducing legislation their families. This reinforces the which requires consideration of need discussed in Chapter 3 for sen- women’s family and caring respon- sitive policing. Taking the children sibilities during rehabilitation.XIV into consideration is important here Concretely, the French Penal to avoid urgent prison admissions Code includes the requirement to without evaluating whether it will consider alternatives to custody for be in the child’s best interests. Ex- women who are sole carers of chil- amples of good practice include the dren under sixteen and also that in- provision for newly sentenced moth- formation on prisoners’ children is ers in the Netherlands to be given recorded and made public (Annex time to make childcare arrange- chapter 6:impaginato 11-04-2014 17:24 Pagina 21

Chapter six: Women prisoners and children living with imprisoned mothers

ments before entering prison. In for drug offences and many who are Slovenia, if both parents are sen- not state nationals. The prison cul- tenced to prison, it is possible for ture, the age limit, maximum stay, them to alternate serving their sen- and the provision made for infants tences to provide continuity for chil- and children in the prison differ dren. In Croatia, mother and baby from country to country. The value units are only available for children placed on motherhood, family life born within the prison, however, the and child-rearing are specific to judge has discretion to and will each country. This diversity is re- sometimes postpone the sentence flected in the range of arrange- until a child is six months old.XVIII ments and provisions. In Denmark, where it is seen as a right of prison- Variety of regimes for children ers (both male and female) to have living with their parents in prison their child live with them in prison, and how to determine the child’s and where in one of the open pris- best interests and length of stay ons, children may stay up to the age in prison (Rules 48-51) of seven, social welfare authorities 119 Sometimes care-dependent chil- make the decision about where the dren stay with their mother in child will live according to their best prison. The age limit and maximum interests. In Luxembourg, it is not stay differs from country to country. considered to be in the child’s best Provisions made for infants and chil- interests for children to be in prison dren in the prison vary.XIX Prison cul- with their mothers if they can be ture also varies from country to looked after by a family member country, as does the value placed on outside. In France, a recent report motherhood, family life and child- outlines their aspirations and inten- rearing. This diversity is reflected in tions for mothers imprisoned with the variety of arrangements and their children while at the same provisions.XX time highlighting that imprisoning The current emphasis reinforced mothers with their children is mere- by the Bangkok Rules is on trying to ly palliative, trying to reconcile the keep women with young children irreconcilable: the presence of a out of prison. The technology of child close to its mother, and the un- electronic tagging has made this acceptable presence of a young more feasible than before. Women child in prison. Within this paradox with young children who are still the report stresses fundamental deemed to need to be imprisoned principles for arranging the special can tend to be seen as “hard” cas- women’s quarters to: es; the numbers of women in prison • Help the mother to care across Europe are still increasing, effectively for her child predominantly in women convicted • Ensure that nothing in the chapter 6:impaginato 11-04-2014 17:24 Pagina 22

regime or environment could stay in prison. Consideration de- stifle the child’s development pends on the arrangements made • Facilitate the relationship inside and outside the prison during between the child and his/her the parent’s imprisonment. Age is parents and other family not the only determining factor for members staying in prison, for some babies it • Ensure that all the children’s might not be the best option and, needs are met on the other hand, for some tod- • Provide shared facilities like a dlers it could be the best solution. nursery and bathroom facilities • At the moment there is informa- suitable for young children.XXI tion about different practices concerning children in prison, however, Recent research in Finland refers there is a need to develop theoreti- to the criteria for deciding a child’s cal vocabulary concerning children best interests and whether and how in prison. In order to take a stance they should be accommodated with on this issue more generally, there 120 their mothers in prison. should be thorough documentation, The issue of children in prison is statistics (follow up) and research complex, as it contrasts children’s about the children in prison in dif- rights with parents’ rights, as well as ferent countries and prisons. Chil- parents’ duties with the prisoner’s dren should be visible in prison duties, and challenges organisation- practices and the children who have al boundaries. It is extremely diffi- lived in prison should also be inter- cult to judge whether a prison viewed. This will be possible only placement is in the best interest of with sufficient information and re- the child on an individual level. sources.XXII • When talking about children in Despite these inherent tensions, prison, it is important to highlight decisions are made about how best that practices, laws and situations to deal with mothers who have of- in the different parts of the world or fended and have young children. In within the same country are mani- trying to determine what the child’s fold. So when we talk about chil- best interests are, some writers fo- dren in prison, we are talking about cus on the consequences of the sep- various situations. aration of the baby from his/her • According to research, there is mother by recalling Spitz’s observa- no unambiguous answer for the tions on the effects of early emo- question whether it is in the best in- tional deprivation (emotional disor- terest of the child to stay with a par- ders, personality disorder, clinging ent in prison. There should be thor- behaviour, instability or identity ough consideration for each individ- loss).xxiii Others suggest that exter- ual child if it is best for him/her to nal substitutes (fathers, grandmoth- chapter 6:impaginato 11-04-2014 17:24 Pagina 23

Chapter six: Women prisoners and children living with imprisoned mothers

ers, foster carers) may be able to stances, stay with their mothers in mitigate this maternal deficiency, prison after the age of twenty-one and that it is better to avoid the months, on the basis that the ef- traumatic separation of a child from fects would be damaging for the his/her mother after several child.XXVII months with her in prison.XXIV Two The inevitable negative conse- different researchers studying chil- quences of detention on a child’s dren left outside prison and those development can be reduced. Some living with their mothers in prison regimes discussed below do limit underscored both the disadvan- the effects of imprisonment on the tages of separating a child from child. When the imprisonment oc- their mother, and the disadvantages curs in a relatively calm and open of leaving them with the incarcerat- environment and conditions are not ed mother.XXV XXVI overly restrictive, some regimes con- Culturally, the importance of the sider it feasible to keep the child context in which children are kept with his/her mother for a long peri- and the cultural bias towards keep- od of time.XXVIII Incarceration in poor 121 ing families together (see Chapter or severely restrictive conditions 2), as well as the provision for moth- could seriously affect a child’s phys- ers and children in prison, vary ical and psycho-emotional develop- widely. In Italy, for instance, the ment and limit his or her facility for mother-child attachment in a home positive social interaction. environment is considered so important that mothers with offspring un- It is equally important to con- der the age of three are eligible for sider the impact of detention on the house arrest, as described above. In mother’s personality, her identity as Slovenia, in-depth support is offered a mother and her ability to fulfil her to imprisoned women, and much maternal role. A mother requires in- emphasis is placed on contact with teraction with her infant to improve the outside world. Similarly, in Ger- her skills as a mother. When a moth- many, the focus is on mothers carer is separated from her offspring ing personally for their child for as very soon after the birth, this may long a period as possible; a more impair the mother’s ability to adapt open system of imprisonment for to the needs of her child at a later mothers allows this. By contrast, in point in time. It is therefore crucial the UK (where the culture of placing to allow a mother to be a mother children in nursery for long periods and to foster her skills as a parent. has been growing since the late A recent report from Finland high- 1990s and where prison conditions lights the advantages for some are more severe), children cannot, mothers (and therefore their chil- except in exceptional circum- dren): We think it is sometimes an chapter 6:impaginato 11-04-2014 17:24 Pagina 24

opportunity to a prisoner to have der and allocating tasks. The living her child with her in prison. It is a room, the dining room and the moment to pause and think about kitchen are shared; there are indi- how her life is going. Many times it vidual bedrooms for every mother is the first time for the mother that and her child. The building is organ- she gets help and support, or the ised so that it does not feel like a first time she is accepting help. For prison. There are no bars, nor locked the child, the prison-time means doors. A garden is set up for chil- proper meals at regular mealtimes, dren’s games. The interior decora- regular daytime naps and outdoor tion is colourful. The general atmos- times and night-time that is protect- phere is bright and cheerful. An ined for sleeping. For the mother, the ternal playroom is organised under presence of the child can be a moti- the supervision of competent per- vator to rehabilitation.XXIX sonnel while the mothers work. The scheme is open (excursions autho- Detention conditions can be de- rised) or semi-open (a limited num- 122 signed to facilitate the exercise of ber of excursions authorised). The maternal skills and support mothers mothers go out regularly with their in their role. children to go shopping, for walks or to the doctor. The conditions of In an ideal world, if children needed access/visits are clearly defined. All to be imprisoned, this would be the decisions are made in the child’s set-up: best interests. The supervising staff The mother-child house: is specially selected and trained. This is a building distinct from Mothers receive psychosocial sup- the main prison and exclusively report to facilitate their re-entry fol- served for mothers and young chil- lowing release. The mothers receive dren. Life is communal, governed by training (e.g., cooking, child-rearing) rules aimed at keeping internal or- and work part-time. chapter 6:impaginato 11-04-2014 17:24 Pagina 25

Chapter six: Women prisoners and children living with imprisoned mothers

This is the reality: National frameworks limiting and defining accommodation of the child with his or her imprisoned mother

Summary overview of time during which babies and children can stay with their incarcerated mothers Country Time Limits Comments Norway Not considered suitable for There are special arrangements whereby certain children to be in prison prisoners can serve (part of) their sentences in non-prison institutions, such as drug treatment facilities. As part of this arrangement, some mothers may serve (part of) their sentence in special “mother and child houses” outside the prison. These institutions are run by other organisations and are not exclusive to offenders.

Netherlands 6-9 months in prison and over Open half-way houses where women resocialise/ 4 years in mother-child house learn to start anew, and redevelop their relationship with their children (e.g., Exodushuis Venlo, run by the NGO Exodus). 123

UK Ranging from 9 months to In specified mother and baby units: only in a few England and Wales max. 21 months cases flexibility has been granted beyond this. XXXI

18 months Independent living unit outside Cornton Vale Scotland Prison at “Cornton Cottages” where, under strict Up to 5 years school age conditions, mothers can live with their children in independent living unit up to school age. outside the prison

Ireland Mostly 12 months Usually up to 9 months unless a doctor’s report suggests otherwise, and dependent on breast-feeding.

Sweden 12 months Few specific arrangements for children, and few children imprisoned with mothers (but see Solrosen case study on p.131).

France 18 months, with possible A child born before or during the incarceration of extension to 24 months the mother can be left in her care until the age of 18 months. At the request of the mother and by a decision of the regional director of prison services, the age limit can be extended up to 24 months.

Finland 2 years in a family unit All placements are made after consultation in prison between prison and child welfare authorities. All women must plan a goal to “take good care 4 years in open house of her child in a family unit in prison” as part of their sentence. chapter 6:impaginato 11-04-2014 17:24 Pagina 26

Country Time Limits Comments Belgium 3 years The housing of children once they reach 18 months of age is not encouraged, except for very brief periods.

Italy 3 years

Spain 3 years When both father and mother are imprisoned, in The previous government as- some cases, they are imprisoned together and pired only to house women they can live with their children. with children outside the prison in external mother houses; to date, two such houses exist

Denmark Normally 3 years and 7 years In Horserød prison, children can stay up to the in Horserød open prison age of 7 in the pavilion for couples and families.

Children can stay with fathers up to 3 years old.

124 Half-way houses Children of all ages can live with their parents at Engelsborg Family House.

Poland 3 years

Germany 3 years prison In general, mothers are allowed to keep their children until the age of 3. In Aichach, children Up to 6 years in open houses can stay until the age of 4. The open prison in Vechta and the prison in Fröndenberg house mothers with children up to age 6, the age when children begin school.XXXII

Croatia Up to 3 if child is born in The policy is to aim to release the mother before prison (max 7 per year) the child turns 3.

Greece 4 years Separation of the child from his/her mother occurs when the child turns 4. chapter 6:impaginato 11-04-2014 17:24 Pagina 27

Chapter six: Women prisoners and children living with imprisoned mothers

Case studies or she can choose to serve his or her time in a high-security prison Denmark to be with his or her partner. In ad- Self-management by prisoners is dition, the right to have a child liv- a statutorily enshrined principle in ing with an incarcerated parent is Denmark (Corrections Act s 43), re- couched in gender-neutral terms quiring prisoners to carry out daily and children may therefore also tasks such as shopping, cooking, live with their fathers in custody, washing and cleaning. As a result, although facilities for children are every institution has facilities for not always purpose-built. shopping and communal kitchens. The institution does not supply Half-way house at Engelsborg food so the prisoners buy their own Children of any age can live groceries and prepare their own here with their parents for up to meals. Prisoners who do not have twelve months, if it is considered to work and therefore cannot earn be best for the children—who are money are given a certain amount the focus for arrangements within 125 for self-catering purposes (ICPS the house. Parents must go to work 2008). Pursuant to s 4 of the Dan- or college or be in the house until ish Corrections Act, the principle of 2.30pm and back by 11.00pm and normality states that the condi- they pay a contribution from their tions of living in prison should ap- benefits towards their stay. Chil- proximate, as far as is possible, dren may go to school away from those of living in freedom. It the centre, arranged by social serv- should be noted that a similar ices for whom this is a cheaper op- model operates in Sweden. In Den- tion than foster care. Most of the mark, the decision about whether staff are from a social work back- to have children living in prison ground and are not prison officers. with their mother is not made by the prison; if local authorities say Finland that the mother is fit to look after The mother and child homes her child, then it is the mother’s de- and shelters project in Finland uses cision whether to have her child a simple checklist so that each with her or not. All efforts are prison and welfare authority can made to ensure mother and chil- ensure that the best interests of dren are not separated when chil- the child are taken into considera- dren reach their third birthday. tion. Couples who are both in prison are allowed to stay in a unit to- Is there room for a child in the gether. If one half of a couple is prison environment? placed in a low-security prison, he The prison environment is, of chapter 6:impaginato 11-04-2014 17:24 Pagina 28

course, the first thing that an in- The ambivalence of the staff coming child sees and experiences. The presence of a child often What is it like from the child’s per- raises mixed emotions in staff. For spective? Do they see high walls the prison personnel, a baby or a and bars on the windows? Do they small child is not a familiar element, meet lots of unknown (and perhaps a child is “a civil person” who does- scary) people in the corridors? Do n’t actually belong in a prison. they hear harsh and frightening Many staff members may be moth- voices? Whose lap are they placed ers and fathers themselves and see- on? Is someone doing a body search ing a baby behind the bars may be on them, how is it carried out? Is painful. Staff members are some- their mother near all the time? times uncertain about when to in- These are big issues for a baby and tervene in things happening be- often it is very easy to make them tween mother and a child. Children easier for the baby. The time a child also do not act like prisoners; they spends in prison is full of these don’t follow the rules and regula- 126 kinds of moments. It is good if tions. The mother should be the somebody thinks about those little guardian of her child and be re- things from a small child’s point of sponsible for her child in prison, but view. it is difficult because she has to follow the prison rules. She has to be a Challenging maternity in prison good mother and a good prisoner at The time spent in prison is also the same time. The mother and child challenging for the parent. What homes and shelters project in Fin- should be simple, everyday activi- land offers training for the prison ties naturally become more compli- staff to pay attention to and observe cated. Feeding the baby, washing the children better. There was a lot the laundry, getting all the neces- of discussion as to how and when to sary accessories for the child or even intervene if the situation needed it. putting the baby to sleep can be dif- The family unit in Finnish Vana- ficult. Mothers can also worry about ja open prison has been designed their children’s safety: What if the with the needs of children in mind, baby gets sick or if someone tries to and it is as home-like as possible. It hurt him? What if the baby is crying can accommodate up to ten moth- a lot and the mother is getting tired ers with their children. Hämeenlin- or depressed? Who will help the na closed prison has a unit for re- mother during the day/night time mand prisoners, with facilities for and how? What might cause prison three prisoners and their chil- authorities to take the baby away dren.XXXII from a parent, and is the parent aware of what these causes are? chapter 6:impaginato 11-04-2014 17:24 Pagina 29

Chapter six: Women prisoners and children living with imprisoned mothers

France watch television (although no tele- Twenty-five prisons are equipped visions are allowed in the rooms). with a mother-child unit with a In addition, women are granted maximum capacity of sixty-six. twenty-one days of holiday per Norms in terms of surface area and year. If a woman commits an of- facilities are respected: hot water fence while in prison, she immedi- in cells, cells designed to allow a ately gets transferred to a closed separation between the mother’s prison and is separated from her and the child’s spaces, location of child. However, over the past cells allowing for open doors dur- eleven years, only eight women ing daytime, minimum surface have been transferred to a closed area of the cell at least 15m2, room prison, and only ten percent of the for activities, access to an outside women have been reconvicted, al- courtyard separate from that of though it is not reported how other detainees. Some prisons al- many women had been impris- low children over two months of oned in that time.XXXIII age to go to an external daycare 127 centre during the daytime and re- Netherlands turn to the prison in the evening. Children can stay with their The prison authorities, the P.M.I. mother in the special mother-child (child and maternal protection house in prison until four years of services) and the Relais Enfants age. The mother has a special Parents work together to organise status: BBI or “beperkt beveiligde support groups for mothers within inrichting”, being in a part of the the prisons. prison that is more open with fewer rules and restrictions than in Germany prison. Mothers work there, and At Fröndenberg Mother Child have time with their kids also. Prison Unit, sixteen mothers live Children can stay with their with their children up to the age of mothers in prison until they are six six in self-contained ﬂats with bal- months or nine months old, conies and the staff do not wear depending on the individual prison uniforms. Women are not situation and decided by a punished in front of their children, “maatwerk” specialist. to avoid undermining their authority. Generally, in the mornings, the Exodus half-way house children over the age of two go to In the half-way house, mothers the kindergarten while their moth- (and other women) can resocialise ers work. In the afternoons, the after (or during the last part of) mothers play with their children, imprisonment. They learn how to and in the evening, women can restart their lives outside the chapter 6:impaginato 11-04-2014 17:24 Pagina 30

prison. They look for work and dren of incarcerated mothers are housing, and they work on their also allowed overnight visits. These relationships with family, children visits can occur about once a or new friends/volunteers. The month in an “apartment” inside programme for mothers with the high-security wing. The apart- children is a support scheme to help ment opens into a small backyard children live with their mothers and has two bedrooms, two bath- again. Sometimes the Youth Service rooms, a living room, a dining with responsibility for the well- room, a kitchen and a small play being of the child is involved. area. This appears to more than Exodus provides interactive support satisfy Rule 28’s mandate for “an for raising a child in the half-way environment that is conducive to a house. This takes place in a weekly positive visiting experience” and group session where mothers speak allows “open contact between about issues they are having mother and child”.XXXIV difficulties with; sharing ideas and 128 supporting one another. Exodus Spain also helps them to get structure and External mother units allow in- regular sleeping patterns back in carcerated women and their young their and their children’s lives. children to live apart from prisons. The vision of the Spanish prisons in Norway 2010 was to end the imprison- No children live with their mothers ment of all mothers with children; in prison in Norway, but are cared so far, two external mother units for by others are in operation and the pro- Women are generally allowed at gramme is now in abeyance. Each least a one-hour visit and twenty mother has a small apartment with minutes of phone calls per week, on discreet security to allow family pri- top of calls to attorneys and police. vacy and facilitate the harmonious In line with Rule 26 of the Bangkok development of the mother-child Rules, children of incarcerated relationship. The children living mothers are granted additional vis- there attend preschools and its, generally two to three per week. schools in the community. Public Counterbalancing what the rule transportation is available from calls “disadvantages faced by the units and some mothers are al- women detained in institutions lo- lowed to take their children to cated far from their homes”, one- school, the doctor, parks and com- hour visits are extended for visitors munity activities. Mothers have to travelling long distances. choose to live in the external moth- After assessing that it is safe and in er units and must be prepared to the best interests of the child, chil- undergo parenting classes and oth- chapter 6:impaginato 11-04-2014 17:24 Pagina 31

Chapter six: Women prisoners and children living with imprisoned mothers

er educational activities, otherwise ticular needs of the child and they must go to ordinary prisons mother during their time in prison without their children. Similarly if and preparing for the reunion back they either do not look after the home. The project focusses on sup- children sufficiently well, or do not porting women to create routines conform to the regime, then they around every aspect of being in return to prison and alternative prison with a child so that the care is sought for their children. mother and child can have the There is also a family unit in the best conditions possible. The pilot prison Madrid VI for those cases is also exploring how the social where both partners are incarcerat- services and the correctional servic- ed. In this centre, parents can to- es can strengthen their coopera- gether live with children under tion when there are children af- three years of age, if they meet the fected by the imprisonment. In minimum safety profile and pro- Sweden, there are about fifteen to vide assurance of good care of mi- twenty-five children a year who live nors. However the conditions are with their mother in prison, mostly 129 not particularly suitable for chil- very young children, although dren. Sagsjön has also accommodated In addition, NGOs run half-way children up to three or four years of houses and post release houses age. All female prisons can receive such as that run by Niños sin Bar- a woman with a child, but there reras in Barcelona.XXXV are no special human resources set aside to oversee and support the Sweden mother and child. This pilot project Solrosen is currently running a makes it possible for Solrosen to pilot project at a female prison in provide these resources and it will the Gothenburg region called also demonstrate the need for this Sagsjön, as a joint venture with the service as a priority for children correctional services; NGO staff are and families. based full-time in the prison. The aim of the project is to look for the United Kingdom best interests of the child under Mother-baby units, England: these special circumstances, These are specific sections created whether the child is living in the within women’s prisons to house prison with the mother or if the pregnant women and mothers child is on the outside and only with young children. Specific rules coming in for visits. It includes cre- are set up and the atmosphere is ating a good child-friendly environ- more relaxed than in a normal ment, supporting the mother in her unit. However, the regime is that of maternal role, considering the par- a closed prison and excursions are chapter 6:impaginato 11-04-2014 17:24 Pagina 32

not routinely authorised; there has is losing your child. For example, been recent change to a mother’s this mother in the Cornton cot- right to home leave taking into ac- tages in Scotland: Janet is able to count a child’s rights under Article take Maisie, her two-year-old, to 8 of the ECHR and Article 3(1) of the local nursery school each day. the UN Convention on the Rights She told me that the other parents of the Child, that the best interests at the school were most likely not of the child should be a “primary aware that she was an inmate at consideration” in any action taken Cornton Vale, and she expressed by a public authority involving concern about how to broach the them.XXXVI The norms in terms of sur- subject with them, and their possi- face area and equipment must be ble negative reactions. Janet also respected (e.g., 15 m2 to 20 m2 for did the shopping runs for other rooms, a kitchen, playrooms). prisoners, as part of her “work” re- There is a limit on the unit’s maxi- quirements. The conditions of her mum capacity. Depending on the release licences are very strict and 130 case, children spend the day in an the consequences are significant— internal nursery area supervised by if she breaches them, she will re- competent staff or leave the prison turn back into the prison, and to go to an external daycare cen- Maisie will not be able to stay with tre. In general, partnerships exist her given her age. Janet was re- with social welfare and childcare cently contacted by her boyfriend, services. In addition there are often requesting she meet him at the lo- family days which allow ties with cal pub on one of her outings. She older children to be maintained in told the mother and baby officer of a better environment than else- the request, who reminded her of where. Mothers generally cook the consequences of deviating their children’s food, although not from the strict conditions of her their own. sentence—that it would mean she The reality of living in the com- would have to return to normal ac- munity is significantly better for commodation within the prison, the children, but the difficulties for and that Maisie would not be able mothers should not be underesti- to live with her anymore. Janet ap- mated, particularly when they feel parently made the choice to ignore their children have greater free- her boyfriend and continues to live dom than they do and their need in the cottages with her daugh- for support must be underscored. ter.XXXVII There is also the challenge for all prisoners on any kind of release; Conclusion the struggle to keep to conditions Specific mother-child houses, is more poignant when the penalty separated from the main prison, chapter 6:impaginato 11-04-2014 17:25 Pagina 33

Chapter six: Women prisoners and children living with imprisoned mothers

meet children’s needs better and are as to when the best time to sepa- therefore most likely to be in the rate mother and child will be and best interests of the child. The fol- how this can best be managed. The lowing conditions should be met: financing of these mother-child • A non-prison-like environment houses should be shared between • An open scheme the penal system and childcare serv- • Professional supervision and ices. specially trained staff • Community life with clear rules All countries need to implement and distribution of daily tasks the Bangkok Rules and develop a • A reintegration plan and work clear understanding of the best in- and training for mothers terests of the child in the way they • Regular attendance of children decide and ensure children who in daycare centres and should live with their mothers can preschool establishments do so. The child’s best interests are • Regular contact with the father paramount. and other members of the 131 family Original chapter drafted by Alain Bouregba (France), with other con- Decisions to admit women and tributors, and incorporating materi- children into these mother-child al by Ria Wolleswinkel from original houses and the evaluation of the Chapter 2. Revised edition Kate child’s best interests require supervi- Philbrick, with support from Liz Ayre sion by specialised services. Particu- and Hannah Lynn. Research by Pao- lar consideration needs to be given la Costa. chapter 6:impaginato 11-04-2014 17:25 Pagina 34

I Implementation handbook for the Convention on the Rights of the Child. (2007). UNICEF. p.124. For an updated summary of the Bangkok Rules see: Pradier, C. (2012). Penal Reform and Gender: Update on the Bangkok Rules. M. Bastick & K. Grimm (Eds.), DCAF. Available online at: http://www.dcaf.ch/Publications/Penal-Reform-and-Gender-Update-on-the-Bangkok-Rules For an illustrated short guide on the UN Bangkok Rules see: The UN Bangkok Rules on Women Offenders and Prisoners: A short guide. (2013). Penal Reform International. Available online at: http://www.penalreform.org/resource/united-nations-bangkok-rules-women-offenders-prisoners- short/. For the UN document detailing the Rules see: United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules). (2010). United Nations, General Assembly. (A/C.3/65/L.5) Available online at: http://www.ohchr.org/Documents/ProfessionalInterest/BangkokRules.pdf II Social and family effects of detention. (1997). Social, Health and Family Affairs Commit- tee, (Doc. 7816). Available online at: http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp?FileID=7777&Language=EN III Panayotopoulos-Cassiotou, M. (2008). Report on the situation of women in prison and the impact of the imprisonment of parents on social and family life. European Parliament, Committee on Women’s Rights and Gender Equality (A6-0033/2008) Available online at: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+REPORT+A6-2008- 0033+0+DOC+XML+V0//EN IV 132 United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules). (2010). op. cit. V In England, only nine per cent of children whose mothers are in prison are cared for by their fathers in their mothers’ absence. More statistics concerning women in prison are available online at: http://www.womeninprison.org.uk/statistics.php VI Jones, Adele, Gallagher, Bernard, Manby, Martin, Robertson, Oliver, Schützwohl, Matthias, Berman, Anne H., Hirschfield, Alexander, Ayre, Liz, Urban, Mirjam, Sharratt, Kathryn and Christ- mann, Kris (2013) Children of Prisoners: Interventions and mitigations to strengthen mental health. University of Huddersfield, Huddersfield. p.87. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf VII See the case of Kleuver v. Norway, 30 April 2000, App no.45837/99. Available online at: http://caselaw.echr.globe24h.com/0/0/norway/2002/04/30/kleuver-v-norway-22377- 45837-99.shtml. For an executive summary concerning the conditions of imprisonment for women in Europe see: Women in prison: A review of the conditions in member states of the council of Europe. (2007). Brussels: Quaker Council for European Affairs. Available online at: http://www.qcea.org/wp-content/uploads/2011/04/rprt-wip2-execsummary-feb-2007.pdf VIII Women deprived of their liberty. (2000). In: 10th General Report on the CPT’s activities covering the period 1 January to 31 December 1999 (CPT/Inf (2000) 13 [EN] ed.). Council of Eu- rope, CPT. Available online at: http://www.cpt.coe.int/en/annual/rep-10.htm#women IX See Recommendation 1469 (2000): Mothers and babies in prison. (2000). Council of Europe, Parliamentary Assembly. Available online at: http://assembly.coe.int/Main.asp?link=/Documents/AdoptedText/ta00/EREC1469.htm See also Mothers and babies in prison. (2000). Council of Europe, Parliamentary Assembly, So- cial, Health and Family Affairs Committee. (Doc. 8762). Available online at: http://assembly.coe.int/ASP/Doc/XrefViewHTML.asp?FileID=8953&Language=en. See also Social and family effects of detention. (1997). op. cit. quote from pp.13-14 X Resolution 1663 (2009): Women in prison. (2009). Council of Europe, Parliamentary Assem- bly. Available online at: http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta09/ERES1663.htm XI Guidance document on United Nations Rules for the Treatment of Women Prisoners and Non- custodial Measures for Women Offenders (the Bangkok Rules). (2013). London: Penal Reform In- ternational. Available online at: chapter 6:impaginato 11-04-2014 17:25 Pagina 35

Chapter four: Parenting and prison

http://www.penalreform.org/wp-content/uploads/2013/10/PRI-TIJ-Guidance-Document-on- Bangkok-Rules-October-2013.pdf XII See the following document for a full list of all of the Bangkok Rules relating to children living with their mothers in prison or which have a direct on the children of women in the criminal justice system: United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules). (2010). op. cit. p.30 XIII Conjugal visits happen routinely in Latin America, as well as in Denmark, Norway and Swe- den. They allow parents to spend time together, thus cementing the family unit. XIV Corston, B. J. (2007). The Corston Report: A Report of a Review of Women with Particular Vulnerabilities in the Criminal Justice System. Home Office. Available online at: http://www.justice.gov.uk/publications/docs/corston-report-march-2007.pdf. Commission on Women Offenders: Final report. The Government of Scotland, (2012). Available online at: http://www.scotland.gov.uk/About/Review/commissiononwomenoffenders/finalreport-2012 XV For a detailed outline of the Ministry of Justice of the UK’s new strategic objectives for female offenders to encourage and facilitate a whole system approach see: Strategic objectives for female offenders. (2013). Ministry of Justice, Crown. Available online at: www.justice.gov.uk/ downloads/publications/policy/moj/strategic-objectives-female-offenders.pdf. In addition, a new advisory board for female offenders was formed, chaired by the Min- ister of Justice. XVI See Article 145-5 du CPP (issu de la loi n°2002-307 du 4 mars 2002) p.28 Available online at: http://www.vie-publique.fr/documents-vp/circ190302.pdf. See also: Resolution 1663 133 (2009): Women in prison. (2009). op. cit. 8(8.3). XVII See Biondi, G. (1995). Infants in Prison, Milan: Delfi Editore, pp.156-157. XVIII See World Health Organization: 10 Things to Know about Women in Prison. Available online at: http://www.euro.who.int/en/health-topics/health-determinants/prisons-and- health/activities/womens-health/10-things-to-know-about-women-in-prison XIX See: Guidance document on the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules). (2013). London: Penal Reform International. p.29. Available online at: http://www.penalreform.org/wp-content/uploads/2013/10/PRI-TIJ-Guidance-Document-on-Bangkok-Rules-October-2013.pdf See also: Robertson, O., (2008). Children Imprisoned by Circumstance. Quaker United Nations Office. p.9. Available online at:http://www.quno.org/sites/default/files/resources/ENGLISH_ Children%20Imprisoned%20by%20Circumstance.pdf XX See: Children of Imprisoned Parents; Family Ties and Separation. (1996). Report on the situation in eight European countries, European Action Research Committee on Children of Impris- oned Parents: Paris. XXI See: Service specification for early days & discharge–induction to custody. (2014). National Offender Management Service, Crown. (PSI 54/2011). (UK). See also: Conditions d’accueil des enfants laissés auprès de leur mère incarcérée. (1999). Min- istry of Justice, France. Circular 99-2296-(AP 99-2296 PMJ2/18-08-99/ NOR: JUSE9940065C). Available online at: http://www.justice.gouv.fr/actua/bo/dap76a.htm XXII See: Delarue, J. M. (2013). Contrôleur général des lieux de privation de liberté: relatif aux je- unes enfants en prison et à leurs mères détenues. Journal Officiel de la République Française. (NOR: CPLX1322210V) Available online at: http://www.legifrance.gouv.fr/jopdf/common/jo_pdf.jsp?numJO=0&dateJO=20130903&num Texte=48&pageDebut=&pageFin=. There has also been recent concern in Belgium about how best to accommodate mothers, with their children. See: Une maternité derrière les barreaux. (2012). Brussels: Coordination des ONG pour les droits de l’enfant. Available online at: http://brudoc.be/fr/opac_css/doc_num.php?explnum_id=164 XXIII Enroos, R. (2011, September). Children in prison: a perspective from research. United Nations Committee on the Rights of the Child Day of General Discussion: Children in Prison, Geneva. XXIV See: Spitz, R.A. (1965). The first year of life: a psychoanalytic study of normal and deviant chapter 6:impaginato 11-04-2014 17:25 Pagina 36

development of object relations. New York: International Universities Press. XXV See, for instance: the Advice of the Child Protection Board in the Netherlands (Lb99RvdK/439, 20 January 2000).. See also: Van Nijnatten, C. (1998) Detention and Devel- opment, Perspectives of children of prisoners. Forum Verlag Godesberg. pp.17-35. XXVI Catan, L. (1992). Infants with Mothers in Prison. In: Prisoners’ Children: What are the issues? Ed. Roger Shaw. XXVII Biondi, G. (1994). Lo sviluppo del bambino in carcere. Collana: Serie di psicologia. Franco Angeli, Milan. XXVIII It is worth noting that since the previous edition of this book, the limit in England and Wales has risen from six months to eighteen months. However, the current trend is to close mother and baby units, hopefully in favour of alternatives to custody for mothers. XXIX This study offers a good practical discussion of what is available in some prisons in Den- mark, Sweden and the UK: Paddick, S. (2010/11). Women and children in prisons: Accommoda- tion study. The Government of South Australia. Available online at: http://www.sa.gov.au/__data/assets/pdf_file/0015/7422/MothersAndBabiesInPrisonAc- commodationStudy2010-2011WebVersion.pdf XXX See Wikgren, J. (2011). An infant or a small child in prison with a parent: Could a prison be a good place to raise a child? Helsinki: The Federation of Mother and Child Homes and Shelters. XXXI More information on prisons with mother and baby units is available online at: 134 http://babiesinprison.co.uk/who-we-help/ It is interesting to note that two of the largest units are closing to reflect the reduced numbers of women imprisoned with children. XXXII More information on the mother and child cells in German prisons is available online at: http://www.dw.de/behind-bars-in-the-mother-and-child-cells-of-a-german-prison/a-5660740-1 XXXIII Catan, L. (1992). op. cit. XXXIV Bartels, L., & Gaffney, A., (2011). Good practice in women’s prisons: A literature review. Can- berra: Australian Institute of Criminology. Available online at: http://www.aic.gov.au/documents/4/E/5/%7B4E5E4435-E70A-44DB-8449-3154E6BD81E B%7Dtbp041_002.pdf XXXV More information on Adhering to the Bangkok Rules: Norway’s Largest Prison is available online at: http://duihua.org/wp/?p=5733 XXXVI See: The Spanish Prison System. (2011). Madrid: Secretaría General de Instituciones Peniten- ciarias. Available online at: http://www.institucionpenitenciaria.es/web/export/sites/ default/datos/descargables/publicaciones/libro_IP_inglxs.pdf Supplemented with details from: Feintuch, S. (2013). Power, Perceptions, and Incarceration: An Analysis of Spain’s New External Units for Imprisoned Mothers and Children (Doctoral dissertation, Central European University). XXXVII In 2012, the High Court of Justice of England and Wales deemed that the refusal of two female prisoners’ applications for CRL was unlawful. See: R (on the application of MP) v Secretary of State for Justice and R (on the application of P) v the Governor of HMP Downview and the Secretary of State for Justice [2012] EWHC 214 (QB). As a result of these judgements, a new Prison Service Instruction (PSI 21/2012) has been issued amending Prison Service Order 6300 on Release on Temporary Licence (ROTL). CRL allows prisoners who have sole caring responsibility for children under 16 to spend up to three days at home every two months. XXXVIII Paddick, S. (2010/11). op. cit. chapter 7:impaginato 11-04-2014 17:25 Pagina 15

Chapter seven: Training and children affected by the criminal justice system

Chapter seven: with their children. Prisoners also Training and children can benefit from parent education affected by the criminal courses, which can support and improve their relationship with their justice system children. Awareness-raising campaigns The possibilities for ameliorat- for those working with children en- ing the potentially adverse effects sure they address a parent’s impris- of a parent’s imprisonment on chil - onment as a key issue in assessing dren, and of those children’s sub - the child’s needs. Social services, sequent needs, are immense. So healthcare services and other child- many people impact on children of care agencies frequently come into prisoners’ lives in different ways, of- contact with those prisoners’ chil- ten without being aware of this po- dren who are most at risk, and thus tential. The shame, social exclu sion, tend to place greater emphasis on financial hardship, emotional and health issues and schooling in psychological difficulties that pris- terms of immediate needs. Yet the 135 oners’ children frequently face are impact of a parent’s imprisonment explored throughout this book; this may be the unacknowledged cause chapter looks at how individuals of other problems, and needs to be can be given the knowledge and put higher up on the agenda. The is- tools to help these children. sue of an imprisoned parent may not even figure on the checklist. Training or awareness-raising is Even though the issue of prison- required for anyone who comes into ers’ children is higher up the agen- contact with, or influences decisions da than when this book was first concerning children affected by published, in 2006, it is still not a parental imprisonment. Much advo- given that everyone who comes in cacy includes awareness-raising, contact with children of prisoners is and the outcome of many of the ini- aware of what they can do to help. tiatives described in Chapter 8 will For example, as we have seen in effect “train” the participants. In (Chapter 1), the issue of collecting this chapter, the focus is more on statistics about children of prisoners formalised training. remains a thorny one; if all prison The training of agencies that statisticians were trained in and work directly or indirectly with crim- owned the issue of children of pris- inal offenders and their families is oners, they would be demanding of crucial. They play a key role in en- prisons that they record this data, suring chil dren are treated sensi- rather than NGOs asking for it. Chil- tively and assist ing prisoners in dren of prisoners would be treated maintaining healthy rela tionships more sensitively if training and in- chapter 7:impaginato 11-04-2014 17:25 Pagina 16

formation were available for every- views listened to one who interacted with them. Po- • Ensuring that action carried out lice forces, prison officers and on behalf of prisoners’ children schoolteachers are very obvious is appropriate candidates; and some already re- • Consolidating the internal ceive excellent training. Others such structure of an organisation by as social workers, doctors and deepening skills judges also have an impact on their • Providing ways to reach more lives, and once sensitised to what a children through a spin-off child is experiencing, will be better effect. Training gives a greater equipped to ensure their actions are number of people proactive beneficial or at least not harmful to responses and thus reaches a children of prisoners, and may in greater number of children with certain cases lead to more direct imprisoned parents support for them. Prisoners’ families • Helping offenders resume also need information, either responsibility for and maintain 136 through sensitively offered train ing relationships with their children or in other ways. Prisoners them - plays a crucial role in reinforcing selves may need training and assis- personal responsibili ty and tance with parenting. provides a greater chance of Various awareness-raising cam- reintegration into society paigns in some nations are starting following release. Research to sensitise the general public, me- suggests that inmates with a dia and others who are not directly stable family home to return to involved with children of impris- are less likely to reoffend oned parents on the existence of following release than those this group of chil dren and the emo- who do not. tional trauma, guilt, shame, social exclusion, poverty and other issues Training is two-fold: that prisoners’ children fre quently First, it involves awareness-raising face. Much more needs to be done about: to ensure all have a reflex of under- • The numbers of children standing for this “vulnerable” group. affected by imprisonment Training on all levels plays a key • The existence of this group of role in: children • Buffering the problems • Children’s experiences through surrounding separation from an out the process from arrest to imprisoned parent release, and highlighting • Respecting the child’s rights, resilience factors including maintaining contact • The rights of children with with a parent and having their impris oned parents chapter 7:impaginato 11-04-2014 17:25 Pagina 17

Chapter seven: Training and children affected by the criminal justice system

• The need for the issue of Prison officers, for example, can prisoners’ children to be higher invento ry certain difficulties they on the agenda encounter with prisoners’ children • How their attitude and and analyse the factors involved approach in dealing with (multiculturalism, rank within sib- children will have an impact ling group, etc.). on the child • How their informed attitude Who needs training and in what? and approach to children with All agencies working directly or imprisoned parents can help indirect ly with criminal offenders them deliver better in their and their fami lies shape the child’s particular sphere of activity experience and thus require training. Awareness-raising begins with Prison officers, for example, can underscoring how those active with- be made aware that kneeling down in the sphere of the child’s life play at the child’s height when talking to a positive or negative role; they are them and conduct ing searches hu- not neutral bystanders. Their ac- 137 manises the experience for the tions and attitudes can either rein- child. force or buffer negative feelings experienced by the child. This involves Second, it involves practical ap- people who are both directly and in- proaches (devel oping tools and oth- directly in contact with children of er proactive, con structive respons- prisoners. es). Once agencies understand the child’s difficulties and the impact of Direct contact (but not neces- their own attitudes and approach, sarily with a specific remit for chil- they need specific tools to work dren of prisoners). A schoolteacher with. This may entail learning how may have been told that a child’s to devise context-specific tools to parent is imprisoned, yet opt to say suit their needs. Training helps nothing to the child about it. If the agencies and individuals reflect on child knows that the teacher is their own practice and formulate aware of the imprisonment and the these tools. It is possible to train teacher says or does nothing, this trainers, who will then work with could exacerbate any feelings of agencies to identify, define and de- shame the child may be experienc- velop proactive responses. This skill ing. The teacher thus becomes a requires a higher level of compe- “negative” agent. tence and expert ise, targeting both action and interac tion. Effective re- Indirect impact (no contact with sponses require tools for analysis prison ers’ children but great im- and evaluation. pact). Imprisoning a mother with a chapter 7:impaginato 11-04-2014 17:25 Pagina 18

young child for a three-month peri- in early life. Those sentencing od may have enormous costs to the women with young daughters to child and society at large: although prison thus risk predispos ing the studies on prisoners’ children re- mother to puerperal psychosis fol- main incomplete, imprisonment un- lowing childbirth, impacting in turn doubtedly has an impact at least on her child’s mental health. some children and can affect their 5. Police forces can mitigate trauma emotional, psy chological and social by ensuring that at least one arrest- development and, in some cases, ing officer has training in support- perhaps contributing to delinquent ing children—taking children into behaviour. Judges need to know another room so they do not wit- about the potential impact on chil- ness their parent being handcuffed, dren that their act of imprisoning a and explaining what is happening; parent may have. Judges or prison 6. Child-focussed agencies: schools, governors in France who decide on daycare, social services, healthcare, visits permits for children affect an early childhood education and child 138 imprisoned parent’s ability to as- welfare practitioners; sume the role of parent, as does a 7. Those working specifically with prison governor who sends an imprison ers’ children: volunteers pris oned parent into solitary con- staffing play rooms and accompany- finement when their child is sched- ing children, psychologists, care- uled to visit. givers (including parent) and foster carers; Categories of people who need 8. Prisoners’ families: imprisoned training parents; may include caregiver par- 1. Correctional system agents in- ent; volved with offenders in prison and 9. Anyone who influences society, in the com munity including: including businesspeople, policy- 2. PoliceI, prison governors, prison makers and the media. officers (particularly officers with frontline contact with families), vis- All of the above and, indeed, its staff, policymakers, support the general public need an under- groups, probation service, visiting standing of the children’s rights, committees, inspectorate; and the impact impris onment has 3. Criminal justice and law enforce- on them. Increasingly, this is being ment professionals and agents offered by different NGOs and (magistrates, judges, police). statutory agencies. 4. Judges can be sensitised to the fact that nearly half of women af- Everyone needs these four flicted by puerperal psychosis have elements of training experienced emotional deprivation 1. The impact of the sentence on chapter 7:impaginato 11-04-2014 17:25 Pagina 19

Chapter seven: Training and children affected by the criminal justice system

children support these children, not com- This should be pitched at different pound their difficulties, need to be levels for different audiences. The a focus of training. use of the direct voice of the child, family and pris oner (videotape, quo- In addition, trainers should also tations) is very effective. Judicious consider how meeting the children’s reference to research also supports needs will benefit those receiving statements on the impact of impris- training. onment.II 2. Children’s rights All professionals, policy-makers Awareness-raising campaigns need and other stakeholders need to see to reinforce that prisoners’ children how they can benefit from change. are innocent and that maintaining The hook to draw them in may be to contact with an imprisoned parent demonstrate that they are working is a right, not a privilege. They have within the context of a UN conven- rights under the UN Convention of tion their country has ratified, that the Rights of the Child and other in- attention to the child’s needs will 139 ternational agree ments, and often elicit better behaviour, thus their under national laws. job will be easier, it could be their children, etc. There is always some Child protection issues always need benefit from considering the chil- to be considered: they may be com- dren with imprisoned parents. plex and it is important to assess whether or not a parent represents Who is best placed to deliver a threat to the child’s welfare. training? 3. How and what they do impacts There are a variety of models as the child to who will deliver training to all • Policy- and lawmakers and the different agencies requiring it. sentencers need to be aware of Pragmatically, it will depend on the how their deci sions impact on existence of available specialist prisoners’ children, and on agencies, the relationship between society as a whole. such agencies and the main stream • Child professionals and teachers training provision for different disci- need to know that their actions plines, and the willingness of na- and attitude can either reinforce tional organisations to develop this the stigma attached to children training on behalf of prisoners’ chil- or support them through the dren in their community. sentence. 4. How they can modify their ac- Tools and methodologies tions Training resources are now wide- Ways in which these agencies can ly available from websites, both chapter 7:impaginato 11-04-2014 17:25 Pagina 20

leaflets to download and video clips This training is described in relation and many can be used for a wide to prison officers where NGOs have variety of audiences. The ones listed significantly more experience, but below are just a sampling from the similar considerations would oper- many availalbe. It is suggested that ate using it for the police. Varia- a trawl of the websites of the mem- tions would be to focus in particular bers of Children of Prisoners Europe on the specifics of the impact of ar- listed at the back of this book will rest on the child, and describing give the most up-to-date list of re- how police officers can best man- sources, as well as the website of age an arrest when there are chil- Children of Prisoners Europe dren present. http://childrenofprisoners.eu/ which includes details of all net- A basic human rights approach to work member websites. imprisonment is imperative. Human Three films: rights training must permeate the For you bear my name: a moving in- whole system. Prison governors, 140 troduction to the topic, including prison services and staff must be schoolchildren discussing imprison- aware that those working on behalf ment and what it means. of the child are not seeking privi- leges for the child, but looking to It’s no holiday: about young peo- protect the child’s rights. ple’s experiences of having a family member sent to prison; an aware- “Staff play a key role in determin- ness-raising and training resource ing whether prisons are managed for a range of audiences, from so- within a human rights framework. cial workers to schoolteachers, po- This is partic ularly true of first line lice and lawyers. staff, those who come into contact with prisoners on a daily ba- Emilia: a story about children in sis. The work of the prison officer Sweden and their experiences of im- is extremely complex and requires prisonment.III the use of a comprehensive set of Treffpunkt e.V. in Nürnberg has pro- skills. The prison officer has to be duced a short leaflet with the rec- alert to the demands of security ommendations and findings of the and aware of the need to create Coping study on the impact of im- and nurture a safe envi ronment, prisonment of children: while at the same time doing http://www.treffpunkt-nbg.de/ everything possible to give prisoners the opportunity to examine Training and the prison and police their life styles, to learn new skills worlds and to prepare for release. The Some general points prison officer will only be able to chapter 7:impaginato 11-04-2014 17:25 Pagina 21

Chapter seven: Training and children affected by the criminal justice system

undertake this complex role suc - Other considerations cessfully if given proper and ade- for training in prisons quate training. In England and • It is crucial that all levels of Wales, the peri od of training giv- prison staff be child-friendly. This en to new prison offi cers before can operate by a trickle-down effect they begin working in prisons is from the prison governor to the pris- eight weeks, regardless of the oner, now developed as pro-social type of prison they are to work in. modelling: prison governors need to This contrasts with three years in know how their attitude sets the Denmark, fifteen months in Aus- tone for the entire prison. An en- tria and eight months in France lightened management can work and three months in Italy.” toward inculcating in prison officers a sense of respect for others, includ- —Andrew Coyle, Memorandum ing prisoners’ children, by giving of evidence to the Parliamentary them respect. The cascade effect of Joint Committee on Human Rights, treating and being treated well ulti- April 2004 mately has a positive effect on pris- 141 oners’ children.IV There remains a huge variety of • Prison officers have a difficult training requirements across Eu- dual role based on interpersonal rope. In Norway, all officers are work combining two extremes: secu- trained for three years, whereas the rity and respect for human dignity. current norm in the UK is a six-week Training needs to reflect both roles. training course. Croatia has intro- • Training is crucial to promote duced training of prison officers positive attitudes throughout the and Italy has also developed a train- service. Working on attitudes is an ing course for prison officers. The ongoing need and is important be- case study below demonstrates cause consistently good attitudes that, within the different ways of from prison officers affect all con- training staff, there are sometimes tact between children and impris- opportunities to include training oned parents—from the prison gate about children. through to the end of the visits. Training can help prison officers look at the appropriate use of their authority: they do not need to pos- ture to enforce their power, as power lies within the system. This section could include awareness-raising on the stereotypes and biases individuals bring with them, allowing prison officers to explore their chapter 7:impaginato 11-04-2014 17:25 Pagina 22

own attitudes and mindset. Cambridge Institute of Criminology • Prison officers need to be alert Prisons Research Centre on the in- and open, to be good observers and crease in the incidence of suicide in be prepared to establish respectful prison highlights the factors that and meaningful con tact with pris- can reduce the incidence of sui- oners. Training should bolster their cide.VI One of these factors was pro- confidence and develop their per- viding better train ing for prison sonal character as a resource. The staff overseeing offenders. recruitment of prison officers is key • In some countries, prison offi- to having effective and high stan- cers have the opportunity to devel- dards. Preliminary training sessions op specialist skills, taking on the for newly recruited prison officers role exercised by external profes- should include material on child-fo- sional staff in other countries (e.g., cussed approaches within the psychologists, social workers). This prison, basic human develop ment boosts job satisfaction and self-re- knowledge, child’s rights informa- spect among prison officers; prison- 142 tion, the impact of imprisonment on ers are more respected and have chil dren and the particular needs of more self-respect them selves in turn. children. It is also less expensive: the same • Good contact between prisoners cost reaches more incarcerated par- and their children increases prison ents. Specially trained prison offi- security and benefits the prison cers can offer parenting courses service. Prisoners’ families may pro- such as the Swedish “study circles” vide useful information to the run by specially trained prison offi- prison about self-harm, bringing in cers inside prisons launched, devel- drugs, bullying, etc. if they feel wel- oped and implemented in the late comed. Families frequently have 1990s by Bryggan, a nationwide greater influ ence on the prisoner’s NGO that works on behalf of chil- behaviour—to take up particular dren with imprisoned parents (see courses inside prison, for example. If Chapter 3). Specially trained prison they themselves have been in- officers can also provide support formed about this, they could be in- and information to families. The volved in sentence planning with family liaison officer model in such the prisoner as well. Good visits countries as Scotland also offers have been shown to have a positive prison officers the chance to spe- impact on offenders. They are cialise in work with families and be calmer and tend to have a more op- available during visits.VII ti mistic approach.V • Ideally, the training as a whole • Prison staff members play a role will foster awareness and critical in supporting offenders’ mental evalua tion and application of child- health as well. A 2005 study by the related information, so that all fu- chapter 7:impaginato 11-04-2014 17:25 Pagina 23

Chapter seven: Training and children affected by the criminal justice system

ture work will be child-centred, as electric plugs, etc.)VIII will all train ing packs and hand- • The importance of clear books. Prisons may want to involve explanations and information external expert ise in ensuring that for prisoners’ children and their material is child-centred and in families. Children’s books adapting any provisions for chil- such as described in Chapter 5 dren. and the DVD Emilia describe the experience Basic training for all prison • How work with prisoner parents officers should empower the prisoners This can be offered as part of as parents, and give them the the induc tion training for prison of- skills to support or improve their ficers and would cover: relationship with their children, • The impact of the prison world not do things for prisoners—for on chil dren—inside the prison example, rather than simply and in their communities writing a letter for a prisoner, as • The key role of family ties for sisting them to develop literacy 143 the prison skills to write letters to their • The need for a child-focussed childrenIX approach in prisons and how • Promoting a non-judgemental this can be deliv ered. For a approach to prisoners’ families. child-focussed approach, the Many attitudes among prison training would target staff are deep-rooted and interpersonal dynamics to foster unconsciously expressed and interactive skills to be used with require specific, consistent children. It would also promote training pro-social modelling and • How their own emotions come develop emotional intelligence into play. Staff members need • The impact of prison officer’s insight as well into how their appearance and demeanour own aggression and hostility (i.e., smiling) on the child can be projected onto the • The provision for children in prisoner, and actually visits (play area and/or special exacerbate ten sion in a given child-focussed visits, over all situation. visits environment) • Searching children in a For visits staff The child-focussed ap- child-friendly way, and child proach touched on in the basic protection issues—i.e., ensuring training section will be rein forced that it is in the child’s best and developed. It is important that interests to visit, that the prison staff who actually meet chil - environment is safe (no dren gain insight into the underly- chapter 7:impaginato 11-04-2014 17:25 Pagina 24

ing dynamic that can be created be- how the child’s best interests can tween the child, the imprisoned par- be met if they are locked in a visit ent and the prison officer.X For offi- with their father who is a criminal, cers working closely with families, and of those who feel that if the re- listening and basic counselling lationship is a good one, and the skills are important. father has been a good father, then there should be no cause for Working on attitudes concern. The resolution would be, Some staff members have diffi- for example, that there need to be culty envis aging prisoners as “capa- safeguards such as that the officer ble” parents. Yet experience has looks in on the visit three times in shown that staff atti tudes grow twenty-four hours. Would that be more respectful when they see pris- sufficient? The debate points to oners interacting with children and the importance of open discussion, assuming the parental role. and the possibility of opening up assumptions—that a prisoner is by 144 Case study definition a bad father and dan- Discussion about the basis for gerous to their child, for example. decisions about whether children should have an overnight stay in Who is best placed to deliver Norwegian prisons provides an op- training in the prison world? portunity to explore underlying as- In an ideal world, the correc- sumptions. The visiting apartment tional system will deliver high qual- has two bedrooms. Should children ity child-centred training as part of be able to come to these overnight mainstream training for all con- visits alone (when they come to cerned professionals. Often, exter - the normal two-hour visits they are nal agency can act as a catalyst and accompanied)? The issue is how to sup port to ensure that accurate, safeguard children during visits sensitive training takes place and and the implications of allowing can also give the child’s voice more children to come alone for ordi- effectively than any prison depart- nary and overnight stay visits. ment which may be more likely to What must be in place to assure focus on security.XI Bryggan offers that this is safe, secure and in the training to prison officers in Swe- best interests of the child? The sit- den, and in Norway, FFP offers four uations and relationships will vary hours to prison officers in their ini- from family to family, but it is im- tial five-year training and staff at- portant to have a thorough discus- tend regular meetings with prison sion and clear guidelines. It is im- officers. In the UK, there is some in- portant to consider the views both put into the basic officers’ training of officers who are worried about on the impact of imprisonment on chapter 7:impaginato 11-04-2014 17:25 Pagina 25

Chapter seven: Training and children affected by the criminal justice system

training, with input from NGOs. • Information and explanation of the rights of the child, and the Tools and methodologies numbers of children affected by The overall aim is to give prison imprisonment (using a quiz to officers understanding so that they get facts across can be helpful) own the project/issue and make • Visual aids: DVD about entry to further develop ments themselves: it prison, showing how frightening comes from them. Training at entry coming to prison can be, taken level and specialised training for from a child’s eye view (security those in frontline contact with chil- machine, corridors, posters and dren has to be tailor-made to the drawings placed at child’s level stage they are at. along walls). It can help to structure training to • Videos, both with examples of ensure that different learning styles children’s stories, and showing are accommodated, e.g., so that examples of good practice — people who learn visually, or by what can be done with hearing (auditory), or by touching imagination and what is being 145 or moving (kinesthetic) can all en- done in other countries and gage with some part of the course.XII showing good practice as to how officers can be child- Suggestions from training friendly, e.g., getting down to experience in the UK (training children’s level when searching is very culturally based): and explaining what they are • Needs to be discussion-based doing. and draw on officers’ experience • Engage with prison officers at as individuals, and particularly personal level to help them as parents, rather than being make connection with children too didactic: one-to-one in general, get them to talk sessions, group discussions, about the children they have question and answer sessions, con tact with. Get officers to work case studies and illustrations on the social and emotional are very important. Where this is consequences of imprisonment part of the national training and articulate them through culture, role play may be useful, role play or after watching a as a way of ensuring that prison video. For attitudinal change, officers understand the an element of experiential emotions and issues those learning may be valuable, children and their parents—both as well as an analysis of prisoners and car ers in the stereotyping. community—are facing as a • Show how officers benefit: how result of imprisonment. improved contact between chapter 7:impaginato 11-04-2014 17:25 Pagina 26

prisoners and families aids • Secondments and other external prisons. For example, families influences: having a professional, may give information to prison such as a health worker, from officers about passing of drugs, outside the prison service self -harm, etc., but only if they working on secondment within have a good relationship with a prison is a good way of the prison officers and feel shar ing experience and expertise. respected by them. • Working with volunteers on • Foster prison staff’s ideas for their induction or through change. Have prison officers monthly meet ings (such as devise an ideal visit/visits room, those held by Relais Parents so they sense that they can be Enfants) “trains” and influences part of the change and own the prison officers who attend (see issue. Norwegian case study above). Work from concrete experience: • Discuss work and difficulties Case study: Italy 146 encoun tered vis à vis the “The eyes of children can trans- child form the prison” — A pilot training • Preparatory interviews to programme in Italy inventory difficulties encountered Parenting and prison: combining • Focus on difficulties, and security and the quality of the help staff find constructive prison visit responses This pilot training programme was • Influence of particular well- delivered by Bambinisenzasbarre known people’s views: prison to over two hundred prison staff, officers may relate better to the social workers and prison educa- issue of prisoners’ children if tors (20120-13). It is based on the they hear about it from a teachings of Alain Bouregba and “champion” who is high up in integrates pedagogical skills and the crimi nal justice world or experience in the penitentiary famous in some other way, such field, working together to reduce as football. the restrictions imposed by prison, • Training material: trainers will particularly as they affect the par- need a variety of material to enting relationship. deliver a success ful session: good information leaflets, Purposes of the training posters, children’s own stories, • To ensure mutual well-being hand outs summarising key and a good relationship points, quizzes, illustrations and between those prison staff- examples of good practice. children-families-society- chapter 7:impaginato 11-04-2014 17:26 Pagina 27

Chapter seven: Training and children affected by the criminal justice system

imprisoned parents, allowing impact on their other dealings with the prisons’ institutional children and families of prisoners. mission to be carried out by The main focus is on the indi- working together with these vidual learner’s experience, as stakeholders everyone on the course uses inter- • Support and make relevant personal communication. The innovative ways of carrying out prison rules are then considered in directives of the central the light of the relevant relation- management ships. The personal ability to hu- • Create a uniform regional manise relationships is seen as a organisation with shared daily professional shared goal. routines and practices. Children put relationships to the test in “radical” terms by demand- Objectives ing transparency and clarity of is- • Improving the practice of sues. Taking this stance helps the receiving children and families prison and other staff and makes • Proper structuring of access the rules easier to understand for 147 paths and organisational the children and their families who protocols have to accept them. • Awareness-raising activities of the staff responsible for issuing Description of the experience permission for prison visits and The training programme includes: monitoring the family members A series of meetings in which who enter the institutions, and groups of fifteen to twenty staff, for other prison staff, prison representative of all professional educational staff and social roles, with a prevalence of prison workers staff in charge of front office serv- • Experiential learning and ices (visits/parcels etc.), over three discussion-based workshops working days, two days initially leading to improvements in and a third day of follow-up after a individual institutions. few months. The follow-up day looks at how things have been go- The pilot training for the prison ing and how to create a regional staff does not remain “locked up” organisation which is as uniform as within the prison walls but, be- possible with shared rules and dai- cause of its transformative poten- ly routines. tial, it can reach out and engage external society to which the prison The training scene belongs, spreading learning, for ex- All participants in the “training ample, to other education and so- scene” sit in a circle, and they are cial work systems which in turn will invited to take an active role. The chapter 7:impaginato 11-04-2014 17:26 Pagina 28

trainers facilitate a process of shar- As seen in Chapter 2, the UN ing work experiences, described Convention on the Rights of the and “staged” like in a scientific lab- Child can influence the sentencing oratory, without prejudice or of prisoners and foster alternatives judgement. to imprisonment. However, al- This series of meetings was also though all countries in Europe have an opportunity to analyse and val- ratified the convention, it is imple- idate these training materials and mented to different degrees in dif- assess the feasibility in each peni- ferent countries. According to tentiary for introducing the “Yel- UNICEF, training for the legal pro- low Space Reception System” (see fession and judiciary in Norway and Chapter 5), which was the basis for Belgium has led to an increased educational research for this train- number of cases where the UNCRC ing programme. is cited. In Spain, although the UN- The child-imprisoned parent CRC is incorporated in national law, bond occupies the centre of the it is less used because both lawyers 148 “stage” evoking in the participants and judges are less aware of it. their experiences of children and Jurisdictions vary and those who parents, recalling them to memory make decisions about prison policy and attention in the circle in the or have a monitoring role differ from classroom. The prisoner is not only country to country. Politicians will a prisoner but also a parent, and be ultimately responsible for condi- the children of these parents are, tions in prisons; beneath them, vari- despite themselves, a social group ous tiers of civil servants, and, in with specific needs and problems some cases, other independ ent peo- related to the condition of their ple, are appointed to monitor pris- parents. Grouping and highlight- ons. It is crucial that those with a ing them must not lead to further monitoring role be sensitised to the discrimination and stigmatisation, existence of prisoners’ children and but attract attention to their their special needs. For example, needs. while conducting inspections they should be made aware of the impor- Training for lawmakers, sen- tance of child friendly visits areas, tencers, decision-makers and prison large enough to allow the child to inspection bodies escape eye contact — and the psy- Although they may never meet chological reasons behind this. a prison er’s child, these profession- Examples of monitoring als need to know how their decisions affect the imprisonment of a parent, and in turn, impact on these children and on society as well. chapter 7:impaginato 11-04-2014 17:26 Pagina 29

Chapter seven: Training and children affected by the criminal justice system

• Special supervisory judges in discuss their role with them France, Portugal, Italy and • Research and evidence briefing Spain. There are also national material for “champions” observatories in France and • Videos of good practice that Belgium can inform the “champion’s” • Judicial authorities monitor promotion of the needs of prisons in Belgium and Poland children affected by • Local oversight committees imprisonment. Similarly, articles affiliated with individual in relevant professional journals prisons in France, the can be influential Netherlands and Germany • Arrange discussion meetings — • In England and Wales, there are as Families Outside in Scotland different tiers of monitors. have with some members of the NOMS (National Offender judiciary as part of a cross-party Management Service) was parliamentary group appointed by the Ministry of • In some countries, the Justice to create policy for both inspectorate teams will have 149 state and private prisons. standards by which they judge • Individual prisons are run by prisons and how they operate. the Prison Service or private In these cases it is sometimes companies. The Prisons possible for NGOs to enter into inspectorate monitors the a dialogue with the inspection work of prisons nationally. teams about how their • Independent Monitoring standards relate to children of Board at each prison. prisoners. • Prison Ombudspersons (as in • Opportunism for change. many other countries) A letter written as a result of a oversee prisons and can visit case: “The advice the clerk gave penal establishments. to the magistrates that they should imprison Ms Aldous was Tools and methodologies seriously flawed, with • Identify particular sympathetic devastating consequences for a individ uals in positions of vulnerable family caring for a influence and give them severely disabled child. It leads training and information so that also to the more general they become “champions” for question on the training given prisoners’ children’s issues.XIII to justices’ clerks on this area of In Sweden, and soon in Norway, law and practice... I would be there are children’s grateful if you could tell me ombudspersons in each prison. whether the case of R (on the • It is important that NGOs can application of Amanda Aldous) chapter 7:impaginato 11-04-2014 17:26 Pagina 30

has been brought to the and interactive training sessions. attention of the justices’ clerks Ideally, training sessions should in our magistrates’ courts to group together child-focussed ensure that such costly agents working in differ ent fields to injustices do not occur in the promote interagency aware ness future.” Following this, a news- and collaboration. sheet was issued to all justices’ Through their championing of clerks and members of the this cause, the Children’s Om- Justices’ Clerks Society drawing budspersons in Croatia and Cyprus their attention to the case R (on have created an impressive multi- the application of Aldous) and disciplinary list of those sensitised. the case is to be included in As one of the many results in Croat- future Legal Adviser training ia, the teacher training agency is events. planning to include coverage of issues relating to children of prison- Training and child-focussed agents ers in a future curriculum for stu- 150 Many child professionals see dent teachers. Families Outside has children whose parents are in started training Scottish teachers prison, but do not recognise this as and trainee teachers, partly by tak- a critical factor for the children. Ide- ing them on a visit of their local ally, the question of whether a child prison so they can see for them- has a parent in prison would be one selves what families go through, of many on a “checklist” of signifi- particularly when they visit.xv Multi- cant factors affecting a child’s well- agency training is being delivered being. This more general approach by NGOS in the UK. Called Hidden avoids further stigmatising prisoners’ Sentence training, it offers a gener- children, as could occur in more tar- al understanding of the impact of geted approaches. imprisonment on children for all Schools, social services, volun- those in the community likely to teers staffing playrooms and ac- come into contact with them. companying children and other child-focussed agents require train- Who is best placed to offer training ing which will equip them to: to child professionals, play workers • Have insight into how their and volunteers? action/inac tion affects children Developing the “checklist” ap- • Understand the child’s proach dis cussed above, there is a perspective need for an understanding of the • Identify signs that a child has a needs of prisoners’ children, and parent in prison. how best to meet them, for all con- These groups will need specialised cerned professionals. Initially, to en- training, through information packs sure accuracy, this may involve ex- chapter 7:impaginato 11-04-2014 17:26 Pagina 31

Chapter seven: Training and children affected by the criminal justice system

ternal agencies like Fédération des environments (see Chapter 4) Relais Enfants Parents, and others • Knowing how to foster contact, closely involved with children af- includ ing non-verbal contact fected by imprisonment to develop • Purpose of play in the prison training and work with the estab- environment: in normal lish ment trainers to incorporate it domestic visits, they need to as part of the mainstream training foster interaction between the for all. imprisoned parent and the child, pro vide stimulating care Tools and methodologies for children when parents need • Information packs and time alone, normalise the prison handbooks world for children and make it • Target those most likely to feel safe and more interesting or respond by identifying key fun. During special child-centred players visits, it is important that play • Offer awareness-raising through workers under stand how to stands, workshops or support the child-prison er 151 presentations at national relationship, rather than conferences for large national offering an alternative activity profes sional groups for the child or try ing to play • Incorporate a session on sub stitute parent for them, thus prisoners’ chil dren in national usurping the parental role training. • Child-protection awareness, including health and safetyXVI Specific training for those dealing • Meeting the needs of the older with prisoners’ children child (the traditional play area Volunteers and other play work- will not meet their needs, but ers staffing playrooms and accom- they need some provi sion to panying children need training on make the prison visit easier, e.g., the following topics: computers, sports, board • Identifying appropriate support games...) for the child: observing, • Fostering positive behaviour in listening, providing sen sitive the play areaXVII space, liaison with other • Providing continuity for the agencies child and helping children cope • Remaining open and neutral with change. • Understanding the prison rules and set up • Confidentiality and security awareness • Creating child-centred chapter 7:impaginato 11-04-2014 17:26 Pagina 32

Case studies you the knowledge to lead groups, increases your understanding of Sweden: Bryggan children and young people and Training in the support group gives you the tools (including dra- model: “Does everyone here have ma workshop training) to work a parent in prison?” with children who have parents in Every child has their own unique prison. The training is based on the experience of their parent’s cus- support group model and experi- tody. What the children have in ential learning. Over four days, common is that their contact and combining theory and practice, relationship with their parent has participants take part in drama ex- been affected because their parent ercises and other sessions where committed a crime and has been they practice leading the group. imprisoned. The model is based on The course consists of two mod- children’s own stories and themed ules: meetings discuss the issues chil- Module 1 Peer support group 152 dren may have to deal with. Drama model • Animated film Emilia and artwork are used as tools, so • Photo usage and theme that participants can approach dif- exercises ficult and sensitive topics in an en- The first two days begin with the joyable way. Children’s rights run theoretical basis for the support like a red thread through the entire group model. Participants programme. The support group receive a manual on how to use model is the result of a three-year the film in a support group project funded by the State Inheri- meeting, and how to use tance Fund. The development work artwork in the support group as was carried out in dialogue with a basis for conversations with the children and with guidance children. from Professor Tomas Lind- Module 2 Evaluation Exercises stein. The model is described in the • News Games • To lead a peer book “Does everyone here have a support meeting parent in prison?” which is pub- The last two days are devoted to lished by the NGO Children’s Wel- in-depth learning about using fare. The resulting training has drama as a tool, and by the end, been tested and evaluated inter- students are equipped to lead a nally and externally and is aimed peer support meeting. at professionals who come into contact with children such as teachers, social workers, social edu- cators and behavioural scientists. This training from Bryggan gives chapter 7:impaginato 11-04-2014 17:26 Pagina 33

Chapter seven: Training and children affected by the criminal justice system

France: Relais Enfants Parents • Remaining a parent in prison; Training for volunteers crimino logical aspects (1.5 accompanying children days) Relais Enfants Parents (REP) volun- • Legal and judicial issues: penal teers facilitate parent-child contact procedure code and children’s by picking up children at institu- rights (1.5 days). tions or their homes, driving them to the prisons, accompanying Subsequent training carried out them through searches and securi- over the next two to four years re- ty checks, discreetly waiting to see volves around case-specific sub- how the visit unfolds, and then re- jects. Main issues encountered in- turning the child home. The REP clude “broken” families; single par- volunteer is present during the en- enting; abusive parents; drug-ad- tire visit, and this often reassures dicted parents. the child, as the volunteer acts as Subsequent training to explore a nonintrusive third party who eas- dynamics: As the volunteer becomes associated with the child’s es the transition through security 153 checks and frisking from the “out- home, and with stability, the child side” world into the prison. The vol- frequently looks to the volunteer unteer explains all the procedures for reassurance. These and other to the child, and acts as a buffer dynamics need to be explored during crises— for example, if the through training. Volunteers need volunteer and the child attend a to be good listeners, sen sitive, re- regularly scheduled visit and the ceptive, neutral, not overly inter - ventionist. They should facilitate parent has been transferred with- the child-parent relationship only out notification. It is generally the when nec essary—when a child same per son who accompanies the shows fear in approaching the par- child each time, and the child ent, for example. Some parents are gradually begins to know and trust impatient and seek instant emo- the volunteer. tional gratification. They want to hug and kiss their son or daugh ter, Basic training but the child sometimes refuses Relais Enfants Parents (REP) or- and may even start to cry. REP ganises a 120-hour basic training stresses to the parent the need to course for volun teers that runs par- wait until the child reaches out. In allel to the first six months of ac- turn, the child needs assis tance in companying a child. The basic approaching the parent. REP tries training has three components: to help by finding ways of renew- • Psychological impact of ing contact. REP uses games to separation on the child (2 help children approach their par- days) ents, such as hiding objects closer chapter 7:impaginato 11-04-2014 17:26 Pagina 34

and closer to the parents, or asking Training and prisoners’ families the parents to sing songs the chil - Prisoners’ partners as victims of dren used to hear when they were their partner’s offences mainly re- little. A common memory is quire sup port and information reawakened and a relationship rather than training. These should springs back to life, possibly over be offered sensitively with a clear two to three visits. It is not easy. understanding that prisoners’ part- For many of these children, separa- ners may not want them and may tion has been violent. The parents feel they are already sufficiently need to respect their children’s de- stigmatised without being expected cision to visit them, and allow to need further specialist help. them to gradually come closer. Partners need to know how the prison set-up works and how they UK: Kids VIP training can cope with their lives without This accredited training, delivered the partner. Many families find in- in the UK, offers various modules formation or guidance on how to and is structured with clear learn- talk to the child about imprison - 154 ing outcomes. Results can be ment and support them through it marked and certificates issued. helpful. They gain insight into the importance of telling the child the The modules truth about the parent’s absence. For prison officers, prison staff and Brochures, information packs and play workers: books explore ways to tell chil dren • Impact of imprisonment about a parent’s incarceration in • Child protection words accessible to them. Informa- • Safeguarding children tion can be offered as part of a fam- (including health and safety ily’s induc tion programme, and and risk assessment) through supportive prison officers, • Family days (planning and or independent agencies or visitors’ preparation) centres. • Partnership working In certain cases it may be rele- For prison play workers: vant to offer more specialised cours- • Recruitment, retention and es, on rein forcing and supporting management of play workers parenthood, including developmen- and volunteers tal phases and understanding of • Policy and practice on running parenting programmes offered to a play area prisoners, awareness of change in • Good practice in the play area roles as a result of imprisonment. • Creating a child-centred There have also been successful re- environment lation ship courses delivered jointly • FundraisingXVIII to the pris oner and partner as part chapter 7:impaginato 11-04-2014 17:26 Pagina 35

Chapter seven: Training and children affected by the criminal justice system

of preparation prior to release. with unexpected situations, ease Because partners of prisoners lead their distressing crises in life, and ul- such stressful lives, NGOs are ad- timately effect positive change. One vised to offer any opportunity that of the most important skills is lis- prisoners’ families find acceptable tening. as a means of support, such as fam- Community Leadership: Aware- ily learning (men tioned above), ness of societal/ethical issues is groups for prisoners’ partners while very important for any practitioners child/father visits are taking place, who aspire to have a leadership role etc. in the community of families affected by imprisonment. What might Ireland: Bedford Row Family Project get in the way of a compassionate Bedford Row offers ongoing train- response is important. Decision- ing in Family Support and Crisis In- making based on common sense, tervention to give interested, en- and how to be inclusive and still thusiastic and passionate people maintain healthy boundaries is in- the skills necessary to assist family cluded. 155 members who experience the hurt Models/Methodologies of Ther- of imprisonment, addiction and re- apeutic Intervention: Many differ- lated factors; and to assist parent methodologies and therapies ents—in particular young parents which have developed over the who may be from families that years and which need to be applied struggled with addiction and im- in different situations are covered. prisonment in the past—to em- Knowledge of these will enhance brace their responsibilities and client safety through considerations “break the cycle”. The course is run of choice of language and dialogue, over a nine-month period.XIX uniqueness of each encounter. Educational: Subjects such as Principal Elements (brief overview): child development, child protection Emotional: The emotional ele- in families where criminality is ments of students’ experience are prevalent, “the role of shame in attended to so that graduates be- growth” vs. “toxic shame”, develop- come confident and competent in ment of conscience, attachment dealing with the emotional dimen- theory and other factors that affect sion that, it is expected, will be an normal development are all on the integral part of the day-to-day prac- course. tice in the field. Practical: Practical elements Skills: Numerous skills are prac- such as planning, report writing, se- ticed constantly in order to equip curity, and the link between good graduates with the competences office procedures and boundaries necessary to assist people to cope are covered. chapter 7:impaginato 11-04-2014 17:26 Pagina 36

What is being achieved? parent ing courses. In addition, they • Significant alleviation of may learn from seeing the situation distress in what is usually a very through the child’s eyes assisted by distressing time. drama/ theatre and role-playing ex- • Identification of difficult ercises.XX emotions such as guilt, shame and anger and utilisation of General advocacy and such emotions, particularly awareness-raising anger, in a positive way. Children will be less affected by • Building of confidence and self- the imprisonment of a parent if the esteem, a sense of hope, and an whole community supports them ability to cope. sympathetically. There is therefore a • Very practical and direct need for more general awareness- support with issues such as raising on these issues (see Chapter inadequate housing, school 8). placement, etc. 156 • Widening of horizons of parents Recommendations to include an appreciation of • To be aware of and uphold the what, in particular, children are rights of children and work from experiencing. the perspective of the child’s • Increase in relationship-building best interests: UNCRC as a skills to form and maintain starting point relationships that are • Make use of research and significant and nurturing. principles to inform policy and • Early assessment of needs so influence training. that appropriate and timely • Apply these principles to police, interventions can be offered in custodial health, education and partner agencies if such are other settings identified and appropriate. • Describe consequences of • Inculcation of a sense of meeting/fail ing to meet child’s belonging in the Bedford Row rights and needs Family Project. • Develop and use Good Practice • Ongoing involvement in Guide, identifying training research and evaluation of how required to meet child’s rights the Project is doing. and needs. • Develop and pilot training in Training and the imprisoned parent each country. Chapter 4 explores issues rele- • Make training mandatory for all vant to imprisoned parents. Impris- arresting police officers, prison oned parents will benefit from all staff (front-line staff, new the tools and techniques used in recruits), teachers, etc. and chapter 7:impaginato 11-04-2014 17:26 Pagina 37

Chapter seven: Training and children affected by the criminal justice system

require refresher training with on training to foster exchanges careful consideration to location, of informa tion and experience. duration and frequency. • Make use of existing networks • Trainers need to be committed and rela tionships to spread and believe in the worth of the awareness. training: therefore train trainers through “cas cading”. This may Original chapter drafted by Kate involve ex-inmates and their Philbrick (Great Britain) and Liz partners and children for direct Ayre (France), with contributions voice (firsthand experience). from Andrew Coyle and Annetta • Training should be accredited. Bennett (Great Britain); second edi- • Monitor – evaluate – review to tion editors Kate Philbrick, Liz Ayre continu ally improve. and Hannah Lynn, with research by • Organise a pan-European forum Paola Costa.

157 chapter 7:impaginato 11-04-2014 17:26 Pagina 38

I Holt, N. & Miller, D., (1972). Explorations in Inmate-Family Relations. California Department of Corrections Research Division. The researchers suggest that “it might be well to view the inmate’s family as the prime treatment agent and family contacts as a major correctional tech nique.” II Jones, Adele, Gallagher, Bernard, Manby, Martin, Robertson, Oliver, Schützwohl, Matthias, Berman, Anne H., Hirschfield, Alexander, Ayre, Liz, Urban, Mirjam, Sharratt, Kathryn and Christ- mann, Kris (2013) Children of Prisoners: Interventions and mitigations to strengthen mental health. University of Huddersfield, Huddersfield. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf and Scharff-Smith, P., & Gampell, L. (2011). Children of imprisoned parents. University of Ulster and Bambinisenzasbarre, The Danish Institute for Human Rights, Denmark, European Network for Children of Imprisoned Parents. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/DIHR.pdf III Car tu porteras mon nom (For You Bear My Name), Sébastien Verkindere, Production Agit. Prod. SA. This film is available in French with English subtitles online at: http://www.fonds- houtman.be/fr/les-documents-a-telecharger/ and in DVD format (without subtitles). Please contact Fonds Houtman for the password: [email protected]. It’s no holiday. Origi- nally a DVD, this has now been adapted to be a web based e-learning resource, easily down- loadable online at: http://www.familiesoutside.org.uk/itsnoholiday/#sthash.FSdX7zRN.dpuf 158 Emilia and other resource books in Swedish are available online at: http://www.riksbryggan.se/material.html IV The needs of children at the time of arrest are discussed in these articles: Robertson, O., (2013). Children of prisoners: The arrest procedure. In: Police, Judges & Sentenc- ing: Arrests, Trials & Children’s Rights, COPE Special Edition Newsletter. Available online at: http://childrenofprisoners.eu/wpcontent/uploads/2013/12/JudgesSentencingNewsletter.pdf Christmann, K., (2013). Arrested development? In: Police, Judges & Sentencing: Arrests, Trials & Children’s Rights, COPE Special Edition Newsletter. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/JudgesSentencingNewsletter.pdf Children of prisoners: The impact of witnessing arrest and how police can help. (2013). Children of Prisoners Europe, Fundamental Rights and Citizenship programme of the EU. The full text is reprinted in Chapter 8. V Research demonstrates that the overriding theme in discussions with staff about their organisational environment was “feeling valued”. When staff felt valued, they were better able to care for prisoners. Staff felt most valued when management listened to them, interacted with them regularly, treated them as individuals, and recognised their work in meaningful ways. Communi- cation and feeling valued were generally rated low at all prisons (but significant differ ences were found). Liebling, A., Price, D., & Shefer, G. (2010). The prison officer. Routledge. VI Liebling, A., Tait, S., Durie, L., Stiles, A., & Harvey, J. (2005). An Evaluation of the Safer Locals Programme: A summary of the main findings. Cambridge Institute of Criminology Prisons Research Centre: Cambridge. VII Ibid. VIII Training in the Scottish Prison Service: New recruits complete an SVQ in Custodial Care during probationary period. Included in their general training is two days of specialist input on working with children and families affected by drugs and alcohol); Staff who deliver programmes to prisoners may be offered counselling and parenting training. Ad hoc training is delivered to management and operational staff of individual prisons including Impact, Safeguarding, and Customer Service from Families Outside. IX Details of relevant health and safety issues can be found in Children Visiting Prisons: Sharing Good Practice. (2005). Kids VIP. Available from PACT online at: http://www.prisonadvice.org.uk/Shop chapter 7:impaginato 11-04-2014 17:26 Pagina 39

Chapter seven: Training and children affected by the criminal justice system

X Storybook Dads assists prisoners in creating tapes or videos of stories for their children to enjoy at home, and is being used in many English prisons. Family learning courses revolve around a series of quality prison visits for families with young children, with emphasis on parenting, pre-literacy and literacy skills. Sessions are both theoretical and applied. The scheme operates in HMP Wolds in England. See http://www.ofsted.gov.uk/resources/good-practice-resource-%E2%80%93-inclusive-family-learning-prison-setting-hmp-wolds for further information XI Training modules could focus on some of the dynamics that can take place during visits with children and imprisoned parents. This includes the imprisoned parent’s tendency to project onto the child (seeing himself as the victim and the child as the parent); the tendency of the child to look to the volunteer or other third party as a source of stability and security, not the parent; the tendency of the child to play off the prison officer, etc. XII It appears that in Norway there is an acceptance that prison is expensive and rehabilitative and there is much less of a focus on punishment than elsewhere. XIII Kids VIP training for visits staff and play workers is accredited by an external training ac- creditation agency, and the modules are defined to offer learning to all types of learners and are also defined according to the Activist, Reflector, Theorist and Pragmatist learning styles and the cognitive, affective and heart domains, to ensure that learning is absorbed and useful. XVI E.g., a “champion” prison governor speaks at a conference to other prison personnel. XV Epstein, R., Masson, I., & Wise, I., (2011). Imprisonment for debt: a case study, Coventry Law Journal, Vol 16, Issue No. 2. XVI Multiple training packs have been produced: 159 Education of Children with a Parent or Close relative in Prison or at Risk of a Custodial Sen- tence, Gloucester County Council. See also HMP Parc, Wales leaflet for headteachers – “Invisible Walls Accord: Recognising and Supporting Children Affected by Imprisonment”. See more at: http://www.familiesoutside.org.uk/role-schools-in-supporting-families-affected-imprisonment/#sthash.H8dgCvr6.dpuf and “Supporting Prisoners’ Families - What Can Schools Do?” at: http://www.familiesoutside.org.uk/researchpublications/schools/#sthash.qWYeHUZ4.dpuf XVII Kids VIP training covers health and safety issues. XVIII Based on a behaviour policy that encourages consistent, fair and friendly treatment for children, offers them positive reinforcement and praise, and does not tolerate physical or verbal abuse. XIX Additional information on training, development, and support is available online at: http://www.prisonadvice.org.uk/our-services/supporting-practitioners/Kids-vip XX More information concerning the Bedford Row Family Project training course is available online at: http://www.bedfordrow.ie/training/ XXI Barnardo’s in Northern Ireland, and Safe Ground in England and Wales (which provides drama courses on parenting) offer such experiences to prisoners. chapter 8:impaginato 11-04-2014 17:27 Pagina 2

Chapter eight: Across Europe, the impact of Advocacy for children of separation due to parental incarcer- prisoners ation is generally an unrecognised issue with respect to public policy regarding vulnerable children. It is This chapter will consider the work still not given its due weight as a being undertaken by NGOs across factor in penal policy in decisions Europe to try to get the issues for made over sentencing, prisoner lo- children and families of prisoners cation and visiting procedures and onto national or federal public poli- facilities. No European country sys- cy agendas. It will explore some of tematically records the parental sta- the methodologies used, examine tus of prisoners on a national level, the context in which policies are so the exact number of children af- made, and reflect on the social and fected is not known. However, the political climate that can contribute context does evolve: in the previous to successful advocacy. Barriers for edition, it was stated: “Indeed, in NGOs working to influence policy 160 France, enquiring whether or not an and some suggested ways of work- offender has children is seen as a ing will also be highlighted. breach of rights.” In 2009, the French Parliamentary Assembly passed a resolution that information on prisoners’ children (their number, age and place of residence) be recorded and made public.I As discussed in Chapter 1, we do know, however, that the number of children with a parent in prison in many countries is alarmingly high, and is rising as prison populations across Europe increase. (There have been notable exceptions to this; for example, prison populations fell between 2004 and 2011 in Germany, the Netherlands, Portu- gal, Sweden, Switzerland and Fin- land, whereas in Austria and Den- mark the population has remained broadly stable.)II As will be demonstrated, over the past ten years and particularly over the past seven chapter 8:impaginato 11-04-2014 17:27 Pagina 15

Chapter eight: Advocacy for children of prisoners

years, strides have been made in dif- ing awareness of the impact of a ferent ways in almost all countries parent’s imprisonment on children where there are NGOs actively ad- in order to influence public policy, vocating for change. The realisation such as by FFP in Norway, Bryggan that there is an overlap between in Sweden and Action for Prisoners’ ministries responsible for children Families in the UK. The fourteen-na- and criminal justice agencies in car- tion-strong membership (full mem- ing for these children is starting to bers) of the Children of Prisoners show results in many pockets of Europe network represents some of changed policy and practice across the most resilient NGOs working in Europe. If the flow method of calcu- this field; applicant members are al- lating population is used, it has so making strong contributions, been suggested that over one mil- such as the Quaker United Nations lion children in Europe are affected Office, whose successful advocacy by parental imprisonment in any internationally contributed signifi- year. Government agencies and oth- cantly to the adoption of the ers still need to systematise atten- Bangkok Rules for women (see 161 tion to imprisonment as one of the Chapter 6) and to the 2011 United major causes of parent/child sepa- Nations Committee on the Rights of ration, which, especially at an early the Child (CRC) Day of General Dis- age, is known to negatively impact cussion on children with imprisoned children. Apart from this public parents. health issue of the impact of impris- While it is now widely acknowl- onment on children, there is a pub- edged that strong prisoner/family lic safety issue that it is in prisons’ ties contribute towards reducing re- interest to work to safeguard family offending, this is difficult to quanti- ties, as visits and enabling prisoners fy, especially as much of detailed re- to maintain contact with their fam- search in this area took place in the ily and friends is a major contribut- United States in the 1980s, with rel- ing factor towards prison stability. atively small prisoner samples. Over the past three decades, a There is also a danger that children number of independent, non-gov- can be instrumentalised as agents ernmental organisations have of their prisoner-parents’ change, sought to address the needs of pris- rather than be considered as having oners’ children—both in practical their own needs and rights.III The ways, for example establishing proj- link between family ties and re- ects to support children of prison- duced reoffending therefore has to ers, such as the work of Relais En- be used with caution in advocacy. It fants Parents (France and Belgium), has been an important part of the Bambinisenzasbarre (Italy), Sol- argument for drawing resources to rosen (Sweden); and through rais- work with children of prisoners, par- chapter 8:impaginato 11-04-2014 17:27 Pagina 16

ticularly in the light of increased fo- movement in the field with respect cus on identifying the key factors to children of prisoners. A direct out- that reduce the likelihood of prison- come of the Coping conference is ers reoffending on release. This an- that children of prisoners have been gle and that of cost reduction are included in the European Commis- still important strands in the UK de- sion’s list of vulnerable children, bate in particular.IV thanks largely to efforts by DG Jus- The emphasis on children them- tice; parental imprisonment has al- selves and their needs within the so been added to the UNICEF risks community has been the biggest for vulnerability for children.V change over recent years, and fol- On a national level, considera- lowing the acceptance of the tion for children of prisoners in Bangkok Rules in 2010 and the some country policy frameworks 2011 UN Day of General Discus- has started over the last few years— sion, international interest in this in Scotland, Norway and France, for group has been heightened. The example, and in the new laws in 162 taking up of this issue by Children’s Italy, representing a shift forward. A Ombudspersons and CRC interest in pivotal focus of Bryggan’s advocacy this subject therefore has been ef- in Sweden is that children of prison- fective in creating more of a ers should receive the same consid- groundswell for action. This re- eration as the children of addicts, newed and expanded attention fol- who are provided for in a paragraph lowed the earlier impetus of crimi- in recent Swedish healthcare law, nologists, psychiatrists and child which gives them the legal right to psychologists drawing attention to information and support.VI the consequences on children and families (US, UK and France, 1980s; Raising awareness Norway, 1990s). Implementation of The ultimate goal of organisa- the 1989 UN Convention on the tions in raising awareness about the Rights of the Child was a critical impact of parental imprisonment on lever for increasing attention on children is four-fold: children of prisoners. How these • To draw attention to the needs rights can be respected (particularly of these children alongside security issues and other • To identify good practice in considerations) is still evolving (see addressing their needs Chapter 2). • To raise awareness and open Coping research and recommen- the debate to allow the best dations (see Chapter 3), through possible solutions for the study’s final conference and as supporting children of prisoners a result of ongoing dissemination, to be identified continue to generate significant • To make recommendations for chapter 8:impaginato 11-04-2014 17:27 Pagina 17

Chapter eight: Advocacy for children of prisoners

changes to national law, public thrown at you, and to be convinc- policy and practice at a local, ing. Compiling FAQ (Frequently regional, national and Asked Questions) and Key Facts lists ultimately European level. in advance helps prepare rebuttals and can pre-empt counterargu- There are many approaches to ments. Examples of such clear mes- influencing public policy, from iden- sages are the Treffpunkt e.V. leaflet tifying and promoting grass-roots summarising Coping study results projects, often very small scale and and recommendations, to which localised, to parliamentary lobby- they have found people respond ing. Common to all, however, positively. Relatively new organisa- should be an underlying commit- tions may find it harder to get their ment to ensuring that the UN Con- message across, as they build their vention on the Rights of the Child reputation as credible; in this case it and provisions of the European Con- can help to have a spokesperson or vention on Human Rights (ECHR) board member who is already well are adhered to; that these rights are respected in the field. 163 reflected in public policies that im- So, for example, highlighting pact on children of prisoners; and the extremely traumatic experience that the needs of the child are para- of children who witness the arrest of mount. It is implicit that if NGOs are a parent, which can involve vio- invited to offer training sessions lence, requires clear evidence of (see Chapter 7) to professionals, what happens to children at present then this too will have a cascade ef- and for this then to be used as a ba- fect on awareness-raising. Success- sis for dialogue with the police ful advocacy is required in order to about procedures and safeguarding reach this stage. children. This leaflet produced for police Getting your message across authorities in the UK does just this: Whether you are trying to raise general awareness, introduce a new The impact of witnessing a project or influence a piece of poli- parent’s arrest cy, you must ensure that you clearly There are an estimated 230,000 define: chil dren with an imprisoned par- • Your core message ent in the UK on any given day. • What you want to achieve Children of prisoners face social • Whom you need to target iso lation, stigma and shame. They are no more responsible for the ac- You need to know your subject tions of their parents than any oth- matter well so as to be able to field er child—yet they face conse- counterarguments that may be quences that are frequently trau- chapter 8:impaginato 11-04-2014 17:27 Pagina 18

matic. process easier for them. They cre- Witnessing the arrest of a parent is ated a list of recommendations for often an uncomfortable and fright- police that would help them. en ing process for children. At Children of Prisoners Europe These recommendations include: (COPE), we have participated in • A more sensitive approach to studies to learn more about how arrest when dealing with chil dren cope with witnessing the families. arrest of their parent. • Providing a safe place for For example, we now know that children to go when houses 25% of children with a parent in are being searched. prison are at high risk for mental • Providing families with health disease—a statistic we dis- information leaflets about the covered during the Coping study. next steps in the arrest and “I was there once when he got sentencing process—where they arrested ... and every time I can go for support. • Training of police to be more 164 would see the police, I would be scared that they would try child-focussed. and take me away.” • If police officers arrest parents when children are present, they —-14-year-old boy should have some kind of special training in children’s We believe that there are small needs. Possibly one member of steps that could be taken during the police stays behind or the arrest process which could alle- comes back to give information viate some of the anxiety they to the children and remaining face. parent. However, we cannot reach these children during this challenging We hope to hear from you on time without the help of police how we could get further involved forces throughout Europe. in spread ing awareness about We would appreciate the opportu- these children within your police nity to share our findings with you force. to work together on arrest ap- Perhaps you already conduct cer - proaches which would help these tain levels of training that you children with their confusion and would like to share with us and our fear during this difficult time. network of member organisations During the Coping study, we asked throughout Europe that may help groups of young people in the UK, facilitate a stronger dialogue be- Sweden, Germany and Romania tween cross-cul tural police forces. what would make the arrest It is our intention to raise aware- chapter 8:impaginato 11-04-2014 17:27 Pagina 19

Chapter eight: Advocacy for children of prisoners

ness about this frequently over- important research documents and looked group of children with po- books are listed in the bibliogra- lice officers across Europe in order phy.VII The added authority that pro- to ensure that the arrest and professionals in the field bring to bear cedures taking place are done so is also significant and clearly evi- in accordance with the UN Con- denced in the approach of the vention on the Rights of the Child Fédération des Relais Enfants Par- (UNCRC), giving due consider ation ents (France) in maximising the ex- to the manner of an arrest, the de- pertise of its director, psychologist livery of a timely, age-appropriate Alain Bouregba, who has been cited explanation to the child at the in Universal Periodic Review (UPR) point of arrest and the means by reports to the CRC and in the Chil- which the child and their family ac- dren’s Ombudsperson’s report.VIII The cess support during and subse- report of the panel proceedings or- quent to an arrest. ganised by the Children’s Om- Each June, we host the European budsperson in Croatia could itself Prisoners’ Children Campaign. The be said to be an effective persua- 165 campaign focusses on raising sive tool which highlights the needs aware ness throughout Europe on of children with parents in prison as the con dition of these children at researched by expert panel mem- all levels of the judicial process. bers and sets out recommendations We would appreciate the opportu- for change.IX Each state has to de- nity to work with you next June velop its own protocol for change. during the European Prisoners’ Another good model of this has Children Cam paign—we feel it is been produced by the Irish Penal important to get the police in- Reform Trust.X volved in the issues surrounding Action research—attaching a re- children of prisoners. The police search project to pilot pro- can help children during this diffi- grammes—can be an effective way cult process. of demonstrating the need for change. For example, in 2013, the Using research data NGO Bambinisenzasbarre conduct- As demonstrated by this leaflet, ed research in all the prisons in claims are more persuasive if Italy, exploring what was and was- backed up with rigorous and indis- n’t available for children and fami- putable evidence of need. There is lies, presenting the numbers of chil- now significantly more research on dren affected as part of their find- the topic. Whilst it had many limi- ings, illustrated in pie charts, tations, the Coping study research graphs and other visual ways, sys- has the benefit of covering the tematically leading to the request whole criminal justice process; other for change listed at the end of chapter 8:impaginato 11-04-2014 17:27 Pagina 20

Chapter 5. Equally, a research proj- the emphasis on child development ect which includes a focus on and welfare of the child is more like- achievable recommendations and ly to attract public empathy than fo- dissemination can be hugely effec- cussing on the prisoner’s loss. There tive in adding data and spreading are many ways of doing this, for ex- awareness—“we wanted to conduct ample, using theatreXII or a DVD; or much-needed research into this as they do in Sweden, a children’s area, but also increase public and wish list: through workshops with policy interest to ensure that the re- children at Bryggan in Sweden, the search resulted in real impact. The children developed their wish list strategic approaches we focussed presentation of ten changes they on to create impact and produce would like to see in prisons. The practical recommendations were wish list is illustrated with artwork key to the success of this project.” XI and a few powerful words— “making visits areas friendly to children”, The children’s or parent’s voice for example. 166 There are many approaches to In the United States, a Bill of raising awareness, and these will be Rights using the child’s voice has discussed in more detail further on. been developedXIII: Regardless of the medium being • I have the right to be kept safe employed, however, the impact is and informed at the time of my far greater when the actual voices parent’s arrest. of children and families themselves • I have the right to be heard can be heard. Any organisation when decisions are made about seeking to raise awareness on issues me. impacting prisoners’ children • I have the right to be considered should ensure that the children’s when decisions are made about own experience comes through. my parent. Partners or parents of prisoners • I have the right to be well cared can also present their own experi- for in my parent’s absence. ence at conferences or in policy fo- • I have the right to speak with, ra. Such individuals need to be care- see, and touch my parent. fully selected and asked to assist • I have the right to support, as I sensitively, however, to avoid over- struggle with my parent’s exposure or exploitation. Special incarceration. training in public speaking and me- • I have the right not to be dia work for family members inter- judged, blamed, or labelled ested in being advocates could be because of my parent’s considered. It is also important to incarceration. raise awareness in order to sensitise • I have the right to a lifelong public opinion to the issues; putting relationship with my parent. chapter 8:impaginato 11-04-2014 17:27 Pagina 21

Chapter eight: Advocacy for children of prisoners

It is possible sometimes for chil- way of treating the stigma, to dren to participate directly in public demonstrate that they are normal events, which can be very powerful, children. Foreningen for Fangers as it was in the United Nations Day Pårørende (FFP), a Norwegian or- of General Discussion in 2011 and ganisation working on behalf of at the Coping study final confer- relatives and friends of offenders, ence in 2012. Young people speak- discusses the ethical issues. It is ing at both these events undoubt- clear that not every child should edly had a profound effect on the be exposed on television or radio audience. Developing clear ethical or in the newspapers. Children guidelines and protecting and sup- need consent and support from porting the children at every stage their family and entourage, and are important when young people FFP staff always try to prepare the are participating. children; we talk to them about Children’s artwork also can give the attention they might get and very strong emotional messages. inform them that they have the Bambinisenzasbarre, Relais Enfants right to withdraw from an inter- 167 Parents (REP) and many other view. We also discuss the condi- NGOS across Europe have used chil- tions—whether it is appropriate to dren’s drawings and paintings to ef- show the children’s faces, and so fect in exhibitions and as illustra- on. We have a good dialogue with tions in books. A few illustrations the children and their families, and from children around Europe can be the children who have been in the found in this book. media, are generally happy about it and proud of themselves. They Case study want others to understand what it Listening to children is like to have an imprisoned par- in Norway ent, and they want other children in a similar situation to know that Over the past few years, the me- they are not alone. They also want dia have paid more attention to to raise awareness to make prisons the situation of children with im- more child-friendly. prisoned parents. Quality radio The Children’s Ombudsperson and television programmes, news started consulting children and es- reports and documentaries where tablishing “expert” groups with children with imprisoned parents children who share similar experi- have been interviewed on their ences (e.g., expert group on do- views and experiences have been mestic violence, on dropping out broadcast. Children interviewed of school). FFP cooperated with the maintain that speaking out can Ombudsperson on two expert change things for others; it is a groups, one for children with im- chapter 8:impaginato 11-04-2014 17:27 Pagina 22

prisoned parents; and one for chil- In Italy, national operators of dren with a parent who has been phones and mobile phones offer deported from Norway (after serv- NGOs the chance of having a week- ing a prison sentence or because long promotion of donations by of breaking immigration law). Chil- telephone. People donate two euros dren who have taken part in expert by mobile and five euros from land- groups have called it a “dignity lines, and all profits go through the process”. They are listened to, telephone company to the NGO. asked for advice and given the op- This can only work alongside a na- portunity to share their views with tional communication campaign. decision-makers. The children are The NGO needs agreement from na- made aware that their individual tional media that they will offer situation will not be improved be- them airtime to spread the mes- cause of their participation in the sage. Bambinisenzasbarre have al- group. They are listened to and ready benefited effectively from this taken seriously, and hopefully it scheme and are hoping to repeat 168 can have an impact in the long run this. The competition between and might help other children. The NGOs is stiff, however, and the de- expert group for children with im- mands on the organisation—partic- prisoned parents met the prison ularly those focussed on communi- governor of Oslo Prison (Norway’s cation—are immense. biggest prison) and gave their in- In Scotland, Families Outside put/drawings for the new visiting has an arrangement that people area. Many of their suggestions shopping online can donate to were taken into account. them when they buy from a wide se- Children who had worked with lection of shops. This public face in- FFP also contributed to a children’s creases the groundswell of interest hearing at the UN Committee on and understanding in the issues fac- the Rights of the Child. ing prisoners’ children. Sometimes it is the NGO itself that takes the ini- Developing a public face including tiative. A special anniversary, such special events/prisoners’ children as ten or twenty-five years of the week charity’s existence, or the launch of It may be possible to launch a a major new project, may provide large-scale public event to raise the catalyst for this. Another idea is awareness and attract funding. to create a new event as a catalyst, Sometimes this can be done as illustrated in the following. through a major funder such as Children in Need—a 24-hour televi- European Prisoners’ Children sion and radio fundraising Campaign marathon in the UK. Since 2010, the COPE network has chapter 8:impaginato 11-04-2014 17:27 Pagina 23

Chapter eight: Advocacy for children of prisoners

spearheaded an annual European La Scala in Italy, a stage production Prisoners’ Children Campaign lead- at a Paris theatre, and other public ing up to European Prisoners’ Chil- events. dren Week in June as an awareness- In general, whether organising raising campaign on the topic an annual event or one to coincide throughout Europe. Different with a published report or other themes for change for prisoners’ milestone, it is important to remem- children are selected each year, and ber that the people targeted (politi- there is growing momentum in the cians, state officials, etc.) receive numbers of people signing up to on- many such invitations—the event line petitions. As the campaign e- has to stand out from others in or- banners and buttons become more der to encourage them to come. widely accessible to organisations Choosing an unusual venue is one outside of the COPE network, there way of promoting attendance. It is has been an increasing influx of in- also important to ensure that such terest from outside parties in the re- events are followed through and search, campaign and general topic that the contacts made are devel- 169 of children of prisoners throughout oped and utilised by the charity. Europe. Using the slogan Not my Involving celebrities to front a Crime, Still my Sentence and a cam- campaign or appeal may facilitate paign animation, the annual event media coverage—particularly in the has brought a large increase in in- popular press. They can also be a terest via social media, taking the great way of reaching new audi- campaign to new levels. ences who are attracted by the Alongside the central cam- celebrity rather than the cause. For paign, some national NGOs in the example, Sir Patrick Stewart, a fa- COPE network have created a local mous British actor, was a patron for groundswell of interest for the an- the Coping project and spoke fre- nual campaign by organising paral- quently on the topic of parental in- lel events. Out of a great number of carceration. However, it is impor- conferences and publicity events tant to select celebrities carefully, as which inventive NGOs have come some associations may not prove to up with, here are just a few: In Nor- be beneficial for the charity. way, cards representing a heart- shaped waffle were distributed to Networking and partnerships raise awareness of the situation of Many organisations have found children of prisoners. In Luxem- greater success in both their advo- bourg, an additional children’s par- cacy and awareness-raising work by ty at the prison was organised to co- forming alliances with other large incide with the campaign. There well-respected NGOs—Save the Chil- have been gala events—a benefit at dren, Red Cross, Fondation de chapter 8:impaginato 11-04-2014 17:27 Pagina 24

France, the National Family and Par- or identify common problems enting Institute, among others. It is and solutions; crucial, however, not to underesti- • Other voluntary sector mate the amount of time and work organisations working with involved in developing these rela- children and parents, providing tionships, particularly when trying services in the community to to enter into a new environment. In educate them and make them Scotland, Families Outside has been aware of the issues for children particularly successful at generat- of prisoners; ing relationships in many relevant • Sector-specific professionals sectors, children and families, that may be wanting to target courts, police, prison and prison in- (e.g., prison officers, teachers, spectorate, and now increasingly child psychologists, health with education; they also joined professionals); forces with others to work on the • Parliamentarians and United Nations Universal Periodic government officials; 170 Review (see case study later on in • Government Inspectors (such as this chapter). Such links are easier Her Majesty’s Inspectors of in a small country; for example, it Prisons in the UK); national took Action for Prisoners’ Families “observatoires” in France and approximately five years to develop Belgium; effective partnerships with the • Children’s Ombudspersons; large family and parenting organi- • Funders sations in England and to get them to recognise and start seeking to There are many different forms meet the specific needs of prisoners’ of networking. These include at- families. This required a significant tending conferences and events not investment in staff time, and the just within the usual circle of ac- need to become familiar with a quaintances, but consciously work- completely different sector. Yet having to break into new areas—to ing prisoners’ children recognised in “work outside the box”, including the English government agenda representatives from the business demonstrates this success. community. • The importance of networking cannot be overemphasised and can be broken down into several different target groups: • Other voluntary sector organisations already working in the sector with whom you may wish to share good practice chapter 8:impaginato 11-04-2014 17:27 Pagina 25

Chapter eight: Advocacy for children of prisoners

Case study: Scandinavia ally successful, it is probably necessary to have a dedicated member of There is a networking group for staff who ensures you can be proac- Scandinavian cooperation called tive as well as reactive—that is, to “24 hours for Children of Prison- seek coverage for the issues you ers”. This meeting takes place want to promote, rather than just every eighteen months to share ex- responding to what is published. In periences and discuss how to im- reality, few organisations have the prove the situation for children time to be very proactive in this with imprisoned parents. Partici- way. The types of responses used in pants include the correctional serv- press work are press releases, let- ices/Ministry of Justice in Den- ters, and radio or television inter- mark, Sweden and Norway and rel- views. National and local radio is al- evant children’s commissioners’ of- so an important arm of any media fices; the NGOs Bryggan, FFP and strategy and can be particularly im- SAVN; and the Danish Institute for portant when trying to reach local Human Rights. audiences. Reacting to media sto- 171 ries or turning a situation into a Making good use of the media news story can be effective, even Many organisations are wary of leading to a U-turn in policy or the becoming involved with the press abandonment of a new initiative. and therefore keep away from me- Strategic use can also be made of dia work. However, if approached key national days such as Christ- cautiously and selectively, the me- mas, Mother’s Day or Father’s Day dia can be a powerful tool in chang- with specially targeted press releas- ing public opinion or influencing es or campaigns launched to coin- policy. In many European countries, cide with them. the popular newspapers are very in- In France, Relais Enfants Par- fluential in framing public policy; ents (REP) has worked sensitively politicians are often unwilling to with the media for many years and risk a negative media campaign the media have played a key role in and some are keen to be seen as sensitising professionals and the “tough on crime”. general public to the existence and However, it is possible to use needs of children with a parent in the press effectively through both prison. REP founders Marie-France proactive and reactive media work. Blanco and Alain Bouregba are reg- As with networking, making good ularly invited to participate in radio use of the press is extremely time- and television programmes and talk consuming and this is one of the shows. They also encourage cover- reasons why smaller NGOs may age of the issue of children of pris- choose not to engage in it. To be re- oners—and to a lesser extent of the chapter 8:impaginato 11-04-2014 17:27 Pagina 26

Relais’ work—by magazines and results. As previously stated, the newspapers. Major national daily needs of prisoners’ children have newspapers like Le Monde and not always been not high up on any Libération have run articles on the European government agenda. Very activities of the associations, the few organisations in Europe are in- former once giving REP front-page volved in formal advocacy or lobby- coverage. ing techniques on behalf of prison- Media features on prison-relat- ers’ children and families. However, ed issues have also assisted in re- many NGOs do use their practical cruiting volunteers who wish to par- knowledge of the issues to bring ticipate in REP’s work. A panel talk about change, or have formed al- show based on children visiting liances with larger NGOs such as their parents in prison recently the Red Cross or Save the Children, prompted two volunteers to join the in order to strengthen their voice in REP staff. Such features, or story- policy debates. lines in ongoing (soap) dramas, can There is added value where um- 172 also help publicise national services brella organisations exist to speak such as the free Prisoners’ Families with a collective voice on behalf of Helplines in the UK, in Sweden and practitioners, services or indeed Norway, or the family visits in Croa- families themselves, or where NGOs tia.XIV come together for advocacy and As we have seen above, seeing campaigning purposes. The Fédéra- and listening to other children with tion des Relais Enfants Parents a parent in prison sharing their sto- (FREP) and UFRAMA (France), and ries in the media can be comforting Bryggan (Sweden) are all examples for children and enlightening to the of national umbrella organisations. general public: this is a situation These NGOs draw on their members’ some ordinary children find them- good practice to influence public selves in. This media coverage helps policy, and in speaking with a col- reduce shame and stigma in the lective voice, add weight and credi- community at large. The introduc- bility to their position. Umbrella or- tion in the U.S. children’s television ganisations also make it easier for series Sesame Street of a new char- the government to engage in con- acter named Alex, whose father is sultations with users, as they can do in prison, offers a major contribu- so by approaching a single body, tion to this awareness-raising. rather than having to approach many separate organisations. Yet Influencing national policy these bodies also rely heavily on This is arguably the most diffi- having strong and charismatic lead- cult aspect of advocacy and PR ac- ers who can speak convincingly on tivity in terms of achieving tangible the issues. chapter 8:impaginato 11-04-2014 17:27 Pagina 27

Chapter eight: Advocacy for children of prisoners

In campaigning for recognition Sometimes, as in the UK, the is- by the judicial system of prisoners’ sue may be catapulted onto the children’s needs, organisations government’s agenda as a result of working to gain recognition for this a major event— such as the 1990 group expose a fundamental dilem- prison riots, which led to the found- ma facing the very foundation of ing of the Federation of Prisoners’ the system: if justice is based on Families Support Groups (now Ac- punishing the guilty and protecting tion for Prisoners’ Families) in 1990. the innocent, how can the fact be Similarly, the Belgian criminal jus- reconciled that innocent children tice system was overhauled in the are not being protected, but are be- light of the Dutroux trial in 2004, ing penalised as well? and this led to state support for Re- lais Enfants Parents in Belgium. Catalysts for change International regulations and It is important to recognise that rights can also be drawn on to sup- there can be many factors that in- port arguments for change. The rat- fluence the ability to achieve ification of the 1989 UN Conven- 173 change at a national policy level. tion on the Rights of the Child, Sometimes organisations can more specifically, Article 9 of the achieve this purely from their own Convention, detailing the child’s hard-won efforts, but often there right to maintain links with a par- will be a combination of internal ent, was a major boost to REP and and external factors at play. For ex- UK organisations working to focus ample, the work often starts at a attention on the children rather practical level with small-scale proj- than the parent in prison. Despite ects to address a particular need, the lack of a supranational body such as the needs of mothers in overseeing judicial decisions, the prison (as with the work of Relais UNCRC has carried some weight in Enfants Parents Belgique), from national rulings. In particular, its rel- which, if properly evaluated, the evance to Children’s Ombudsper- benefits of the work can be clearly sons has meant that in several shown. Moreover, the experience of countries they have been particular- people setting up such projects of- ly active for children with parents in ten results in their commitment prison. Scotland, Cyprus, Sweden, growing into a conviction to tackle France, Norway and Croatia are im- wider issues in both a practical way portant examples of where Om- (doing more project work) and by budspersons have been active with using what they have learned from this issue. Croatia is looked at more their work to influence policy. The in-depth in the case study below. work of REP in France and Belgium is an excellent example of this. chapter 8:impaginato 11-04-2014 17:27 Pagina 28

Case Study: CroatiaXV In 2006, there were thirteen complaints concerning children with Awareness-raising and advocacy parents in prison; by 2012, this had • In 2008, the office of the Chil- risen to forty such complaints (just dren’s Ombudsperson of Croatia or- over three per cent of all the com- ganised an expert panel meeting plaints that year). entitled “The Rights of Children of • COO pays regular visits and Incarcerated Parents”, in Zagreb makes recommendations to penal with 1,209 attendees, including institutions; keeps the public in- representatives of the Ministry of formed on important insights and Health and Social Welfare, the events; and participates in debates. Ministry of Justice, the Ministry of the Family, Veterans’ Affairs and COO presentations at national con- Intergenerational Solidarity, social ferences and seminars welfare centres, the Bureau of Pris- • Presentation relating to children ons, correctional facility adminis- of prisoners on “Protection of Chil- 174 trations, police, courts, the Public dren’s Rights in the Penal System” Prosecutor’s Office, scientific and at the conference “Psychosocial As- higher education institutions, non- pects of Violence in Contemporary governmental organisations and Society: A Challenge for Family, professional associations, the Om- School and Community”, organised budsperson, the Gender Equality by the Faculty of Philosophy in Osi- Ombudsperson, the Education and jek and the Croatian Psychological Teacher Training Agency, lawyers Association in 2010. and other interested parties. • Presentations to students of • In compliance with its legal ob- Pedagogy, Psychology, Social Work ligation and prompted by com- and Journalism, among others; giv- plaints received by the Office, the ing guest presentations at various Children’s Ombudsperson and her faculty departments. Journalists associates visited twelve Croatian and media representatives in gen- prisons and correctional facilities, eral have exhibited considerable in- some of them on several occasions. terest in the subject. They interviewed staff members • COO has also participated in at and inmates of both sexes and in- least nine international conferences spected facilities in which meet- and events. ings between children and incar- • Campaign in European Prisoners’ cerated parents took place. Children Week organised by the • The number of reports of chil- COPE network, resulting in the es- dren’s rights violations filed with tablishment of adequate, comfort- the Children’s Ombudsperson’s Of- able areas where children can meet fice (COO) is constantly increasing. and spend time with their incarcer- chapter 8:impaginato 11-04-2014 17:27 Pagina 29

Chapter eight: Advocacy for children of prisoners

ated parents in all prisons. and activities resulted in making • The media have helped raise the needs of a previously invisible awareness of the needs of these group of children quite visible.”XVI children, but still threaten their privacy at times, and by covering their Universal Periodic Review and stories, expose them to additional other international treaties hardships. The Universal Periodic Review • A Responsible Parenting pro- (UPR) is a mechanism used by the gramme has been implemented in Human Rights Council to examine all penal institutions; the human rights situation in all • The Prison System Administra- member states of the United Na- tion has also expressed interest in tions. Each state is examined every and willingness to introduce sys- four years, and its UPR provides an tematic changes and improve- opportunity for all countries to de- ments. clare what actions they have taken • There are a number of examples to improve the human rights situa- of good practice. Lepoglava Peni- tions in their countries and to over- 175 tentiary, for example, offers activi- come challenges to the enjoyment ties for children and their parents of human rights. It also includes a and publishes prison newspapers sharing of best human rights prac- addressing many different subjects, tices around the globe. UPR is including the issue of children of based on the UN Charter, the Uni- imprisoned parents. versal Declaration of Human Rights • In a 2009 discussion on the Re- and all UN human rights conven- port on the performance of peni- tions to which states are parties. tentiaries, prisons and juvenile cor- The Committee’s approach to the rectional facilities, COO drew the promotion and protection of chil- attention of the Committee for Hu- dren’s rights is “advisory and non- man and National Minority Rights adversarial in nature and its success of the Croatian Parliament to the relies on diplomacy rather than le- need to systematically monitor and gal sanction”.XVII Treaty body report- encourage contact between chil- ing processes can act as an imple- dren and their imprisoned parents. mentation tool in themselves by Reports issued since then also con- forcing states to review existing tain evaluations of the extent to practices. The current schedule of which the Ombudsperson’s recom- countries coming up for UPR is list- mendations regarding children of ed on the UPR-info website, as is prisoners have been implemented. more detailed information on the process for engagement.XVIII “We therefore believe that we There are other ways in which may well conclude that our efforts NGOs can engage with the UN chapter 8:impaginato 11-04-2014 17:27 Pagina 30

Committee on the Rights of the shown by Slovenia, Germany and Child. In 2014, a new mechanism Uruguay and, after meetings with for a children’s report to the CRC official representatives from these was introduced although not all countries, the aim was to encourage countries have yet ratified it.XIX The governments to ask specific ques- Third Optional Protocol, which en- tions and make recommendations ters into force in April 2014, allows to the UK government at the UPR in children from states that have rati- May. Slovenia submitted a question fied the UNCRC to bring complaints on children of prisoners in advance about violations of their rights di- of the UPR, which was supported by rectly to the CRC if a solution has Germany and Uruguay. Interesting- not been found at national level. ly, Slovakia then made a suggested There are also other UN human recommendation to the UK govern- rights treaty bodies which, though ment. Together Scotland, SCCYP not child-specific, cover many rele- and Families Outside will now work vant issues and operate in a similar to ensure that the UK government 176 way to the CRC. In addition, UN Hu- accepts the recommendation. man Rights Council has Special Pro- In 2014, the UK government cedures on various issues which will state which recommendations might be relevant, e.g., education, it will accept and will be reviewed arbitrary detention.XX on these in a further four years’ For the UK’s second periodic re- time. A UPR recommendation will view on 24 May 2012, Families Out- also provide a strong lever with side, Together Scotland and SCCYP which children’s organisations can (Scotland’s Commissioner for Chil- push the UK and Scottish govern- dren and Young People) drafted a ments into action.XI briefing to highlight the issues faced by children of prisoners. The The process for change briefing was supported by thirty- Children of Prisoners Europe has four children’s groups, thirteen developed well-defined criteria for MSPs and twenty other interested eligibility of full members, and it is professionals. It requested that oth- encouraging to note that to date er governments ask specific ques- many members work in a similar tions of the UK on the issue of chil- way to influence policy. Member or- dren of prisoners. The briefing also ganisations have gained a high rep- suggested recommendations that utation for their work and are regu- the UK could make to improve sup- lar contributors to government com- port for children of prisoners. mittees, advisory groups and NGO Following contact with em- consortia groups. Such NGOs can bassies to highlight the briefing, in- host seminars and conferences to terest in the issues raised was highlight the issues and provoke chapter 8:impaginato 11-04-2014 17:27 Pagina 31

Chapter eight: Advocacy for children of prisoners

change among prison service per- 2. Children and families policy sonnel, judges, civil servants and (including education and social others attending. In their work, welfare) many member organisations have 3. Child rights developments also managed to build positive rela- (Ombudspersons) tions with government agencies and prison departments. In present- There are a number of key areas ing reasons for change, it is far of public policy that organisations more effective to work in partner- working with children and families ship with those whom you are try- of prisoners are likely to be trying to ing to influence—presenting posi- influence. These include: tive examples of good practice, ac- • Police protocols for arrest; knowledging what has been • Sentencing policy and achieved, but pointing out that guidelines; more needs to be done, highlight- • Use of remand; ing the contribution the voluntary • Penal policy, including data sector organisation is making to the gathered on reception; visits; 177 establishment—especially if it can family involvement, etc.; help the service meet its own tar- • Fiscal policy (financial help for gets, e.g., on reducing reoffending, prisoners’ families); supporting vulnerable children, etc. • Rehabilitation of ex-prisoners The experience of many organisa- (disclosure, banking, insurance); tions shows that where positive col- • Social policy and child welfare laboration has been built up, the services; agency is then likely to be consulted • Guidance for schools; with and turned to in an advisory • Training of professionals who capacity by the relevant agency come into contact with children (e.g., Prison Department). and families of prisoners Organisations seeking to lobby (see Chapter 7) must always keep an eye on what is happening within their sector in In practice, considerable time terms of policy changes and seek and effort have to go into identify- wherever possible to link issues of ing key personnel within the de- children of prisoners to wider chil- partments, agencies and national dren and family policy. NGOs there- bodies (e.g., parliament) which you fore need to keep abreast of policy are wishing to influence. Maintain- developments in three key areas of ing and adding to this list is a ma- government: jor administrative challenge for 1. Criminal justice policy, small NGOs, but is now made some- including police, courts and what easier by the availability of da- sentencing and prison policy ta on the Internet. It may be neces- chapter 8:impaginato 11-04-2014 17:27 Pagina 32

sary to consider employing a dedi- contribute to the body of the report cated communications/press mem- and its recommendations. There ber of staff to ensure that opportu- have been some notable examples nities for influencing and advocacy of reports that have had a signifi- in this way are not lost. cant impact on policy, including A Prison Reform International one by the Scottish Chief Inspector toolkit developed to help ensure the of Prisons which led to the setting implementation of the Bangkok up of Family Contact Officers in all Rules offers a systematic approach Scottish prisons in 1994 and anoth- to how to advocate or lobby to en- er by the Swedish Children’s Om- sure that the rules become a reality budsperson in 2004. across all sectors.XXII Case study: Norway Influencing social policy and regulations FFP of Norway has been influ- Having carried out the ground- encing public policy to raise aware- 178 work identified above, you now ness on issues facing prisoners’ have to ensure that your voice gets next of kin; and to urge prison au- heard. This requires getting involved thorities to improve prison visits with government research/advisory conditions and ensure regular con- groups and commissions, which al- tact between prisoners and their lows the organisation to play a role families. Created in 1992, FFP has in shaping public policy. Often, en- become a well-respected partner to gagement is by invitation only; how- prison services, who have put pris- ever, governments are frequently re- oners’ children and families higher quired by law to engage in consul- on their agendas. FFP’s daily work tation over changes to public poli- with prisoners’ relatives and cies and will turn to respected asso- friends allows them to be aware of ciations. Senior representatives may problems facing this group of peo- also be invited to sit on committees ple. They visit prisons to ensure or consultative groups. that visits areas are adequate, fo- These steps take time but are nec- cus on prison staff attitudes to- essary to start influencing laws and wards visitors, and give advice on public practice. how to improve visits conditions. Sometimes change may be FFP communicates regularly with brought about by the efforts of an- the Justice Ministry, politicians other external body, such as the and prison authorities. They are Prisons Inspectorate or Children’s represented at annual political Ombudsperson. In these situations, hearings in the parliament’s justice NGOs will have been consulted committee, where the association with, and may have been able to underscores the lack of rights for chapter 8:impaginato 11-04-2014 17:27 Pagina 33

Chapter eight: Advocacy for children of prisoners

prisoners’ children and other close the interests of children visiting relatives and the dramatic conse- prisons. A general election resulted quences. When new legislation in a change of government in Sep- concerning prison policy is tember 2013. Although the new planned, FFP is allowed to com- government supports the idea of ment through hearings. FFP’s influ- children’s ombudspersons in each ence was key to the Execution of prison, the law has been post- Sentences Act that came into ef- poned; the new Minister for Justice fect in 2002.XXIII Since then, FFP has has not yet decided whether to worked steadily to maintain good pursue a legislative proposal (to relations with politicians, including the parliament) or to make a regu- government ministers and officials. lation (given by the government). As a result of discussions between There has recently been a debate FFP, ministers and civil servants, a in parliament on children of pris- new white paper on the Correc- oners. FFP still believes that chil- tional Services (2007-2008) was dren’s rights and more consistent introduced. Although not legally practice will be better achieved 179 binding, it gives direction to the through a law, and is continuing Correctional services: it includes to advocate for this. one chapter on families of prisoners with twelve action points on Influencing legislation how to support family ties (e.g., There are many ways in which parental programmes, guided NGOs can directly lobby members tours in prison for families, the op- of parliament (MPs) and other par- portunity to see the parent’s cell, liamentarians for change. Making more flexible phone arrange- contact with MPs’ researchers and ments). advisors is a good starting point, Building on the action points ensuring you know what interest set out in the white paper, FFP has groups and committees exist and used all their contacts to advocate which MPs are on them. legislation which would embed Having a good website with good practice. As a result, over the fact sheets and briefings helps the period 2012-2013, the Norwegian organisation gain credibility and en- Government, in close cooperation courages researchers to refer to it with FFP, worked towards new leg- frequently. You could also consider islation stating the Correctional sending out regular e-mail news or Services’ responsibility for children policy briefings to MPs, their re- with imprisoned parents and oblig- searchers, other parliamentarians ing all prisons to have child am- (for example, members of the bassadors/ombudspersons for House of Lords in the UK) and civil children with a remit to consider servants. chapter 8:impaginato 11-04-2014 17:27 Pagina 34

During any reform of a penal der to have legal changes enacted code or piece of relevant legislation, through an MP. They can either lob- the organisation can lobby to by directly on your behalf or you change a specific point of the regu- can use them in a briefing or press lations related to its activities. First, release that you send out. the organisation needs to ensure that it is made aware of the exis- Case study: Italy tence of the proposed reform, which will be dependent on either having New protocol in Italy established the good networks al- Despite the harsh economic cli- ready outlined above, or by being mate in Italy, the issue of chil- linked into a consortium of lobby or- dren’s spaces in prisons, training of ganisations (such as the Penal Af- prison officers and protection for fairs Consortium in England). children from the media has been Next, proposed amendments brought to the senate, largely need to be drafted and circulated it through the efforts of Bambinisen- 180 to as many MPs as possible in the zasbarre in addition to the hope that they will support the changes to the law discussed in cause. Sometimes it may be effec- Chapter 2. A protocol between tive to issue a press release calling Bambinisenzasbarre, the Chil- for the proposed amendment and dren’s Ombudsperson and the Min- to try to gain the support of other istry of Justice protocol has been NGOs. As seen in relation to the prepared. Its aims are to: French law of 2009, in the Prison • Protect the child’s right to a con- Service Order in England relating to tinuous emotional link with the imprison visits (and provision for chil- prisoned parent, who has the dren), the exact wording is impor- right/duty to exercise his parental tant in determining whether the role law or regulation fixes a binding du- • Support parenting relationships ty on all, or a direction to do some- during and after imprisonment, thing.XXIV For example, a Norwegian sustaining the family and particu- regulation states among other re- larly minors who are affected so- quirements that there should be cially and economically, with con- age-appropriate toys and games, sequences to their health and but this is a “should” not a “must”, school work and the conditions vary a lot from • Overcome discrimination and one prison to another. XXV prejudice with a view to social in- Another mechanism is to make tegration and deep cultural use of experts who support the or- change, to work towards a sup- ganisation’s professional experience portive and inclusive society and views on a specific issue, in or- The protocol cites and is based chapter 8:impaginato 11-04-2014 17:27 Pagina 35

Chapter eight: Advocacy for children of prisoners

on articles of the Italian Constitu- states to prioritise the use of struc- tion, UN Convention on the Rights tural funds. There are also soft gov- of the Child, European Convention ernance mechanisms, like the Open of Human Rights, European Prison Method of Coordination, which Rules and Italian legislation. would comply with subsidiarity This holistic document includes while fostering the exchange of clauses relating to police behav- good policy and practice. A child’s iour during arrest, sentencing and right to contact with an imprisoned the need to consider alternatives parent could be highlighted in de- to prison. There is a requirement termining eligibility for the transfer for a children’s area in prisons; for of prisoners to foster rehabilitation, children to be accompanied and based on Council Framework Deci- offered information; and for prison sion 2008/909/JHA. EU attention officers to be given training in enables policy reforms through ex- working with children and families. change, learning and benchmark- This protocol represents the cul- ing. There are also European profes- mination of intense and prolonged sional bodies for policing, prisons, 181 advocacy and negotiation. It is judges, education, health and me- hoped that its implementation will dia, all of which could be helpful al- lead to significant improvements lies in work for children of prisoners. to the well-being of children with The development of European good imprisoned parents in Italy and the practice can be influential in assist- way in which they are treated.XXVI ing national developments.

Advocacy at a European level Role of funding bodies There are a great many avenues There is very little government of advocacy to be explored at a Eu- funding across Europe specifically ropean level—ranging through the for work with children of prisoners; broader Council of Europe, to the most NGOs are therefore dependent European Union institutions of the on funding from foundations and parliament, commission and council charitable trusts. There are some of ministers, and myriads of other statutory funding streams open to European organisations. Whilst it is organisations working with children not yet certain the extent to which of prisoners, which enable organisa- the Lisbon Treaty establishes direct tions to get money for their work, of- relevant EU law, the promotion and ten under a more general priority protection of children’s rights has area, such as family support or work become an explicit objective for the with children at risk. Sometimes this EU. This can help to secure political work enables the organisation to commitment, and the EU can call draw its work to the attention of civ- for reforms and encourage member il servants and policymakers. But chapter 8:impaginato 11-04-2014 17:27 Pagina 36

applying for these funds is often ex- and may be able to assist NGOs to tremely complex, and the monitor- lever European funding. ing requirements may mean that Funding bodies can steer organ- smaller NGOs choose not to pursue isations wisely even with relatively these funding streams. small strategic funding. One such It is also possible, however, that example was the Soros funding for foundations will work with the NGO representatives from countries in to champion the cause—the Eastern Europe to attend the Chil- Bernard van Leer Foundation for ex- dren of Prisoners Europe conference ample, has made funding work with in Paris in 2006. One direct result of children of prisoners a priority. Char- this was the awareness-raising ini- itable trusts and foundations often tiative launched in Croatia by the have very well-connected trustees, Children’s Ombudsperson’s Office who can in turn exert influence on (see case study above). policymakers if well-informed and When organisations develop well-briefed by the organisations close relations with funders they 182 they are funding. Some of these fun- can also call on their funders’ ex- ders also commission research to pertise in developing advocacy cam- support the grass-roots experience paigns and other important of projects it they fund, for example changes. In the recent debate on on child poverty and prisoners’ fam- the name of Children of Prisoners ilies (Joseph Rowntree Foundation), Europe (previously Eurochips), it the reports on which can then be was at the instigation of the launched with a higher level of cred- Bernard van Leer Foundation that ibility. the organisation conducted an ex- NGOs in this sector have suc- ternal survey to examine the effec- cessfully worked with a range of tiveness of different names. funding bodies to get innovative work with children of prisoners Obstacles and resistance to success funded under grant streams for dis- Across Europe, all organisations advantaged/at risk children. Once engaged in working to raise aware- the pilots have been funded by the ness of the impact of imprisonment foundation, it can sometimes lead on children and families, and to in- to statutory funding. fluence public policy, face an uphill It is also useful to identify and struggle. Despite the advances that work with foundations that finance have been made, there are a num- international projects and are al- ber of institutional and practical ready sensitised to the issue (e.g., barriers that make it difficult to re- the King Bedouin Foundation, ally effect change. These include: Fonds Houtman), as they too can • A lack of recognition of the help promote the work more widely NGO, especially in its early years of chapter 8:impaginato 11-04-2014 17:27 Pagina 37

Chapter eight: Advocacy for children of prisoners

operation when it has not, as yet, squeeze on prison establishment’s gained a reputation for itself. resources • The lack of political will to tack- • Work with children of prisoners le the issues of children of impris- seen as non-essential, dispensable oned parents or to promote positive or able to be done by volunteers at prisoner/child contact. It is not next to no cost. Too often the work seen as a key issue, deserving of is seen as a privilege for the prison- major focus despite the rhetoric of er and his or her children, and not some governments as to the impor- as a right of the child. tance of families and the need to • Danger of the issue being hi- protect children from harm. jacked by crime prevention lobby • The lack of information on the groups (children of prisoners seen scale of the problem; to this day, no as delinquents; high risk of offend- country in Europe can give conclu- ing—society needs protecting from sive figures on the number of chil- them). This leads to the issues being dren with a parent in prison; yet all “labelled” as a criminal justice pri- agree that the issue represents a ority rather than a children’s wel- 183 major problem. A common goal of fare one. all Children of Prisoners Europe • An ethical challenge of how to member organisations is to lobby present the issues. NGOs need to for accurate data to be collected. consciously decide how to present • Constant changes in key per- the needs of prisoners’ children con- sonnel both in government depart- vincingly without stigmatising chil- ments and prisons make it extreme- dren or using pathos to gain sym- ly hard to develop strong working pathy. The arguments advanced relationships and are also very time- must be professional and show re- consuming for over-stretched NGOs. spect and sensitivity to the child’s • Lack of hard evidence of what perception of how they are being works means that it is hard to con- portrayed. It is important to retain vince the government to fund this the child’s welfare as the focus of area of work or for prison governors the debate, not the reduction of re- to prioritise prisoner/family con- offending, although this is un- tact. doubtedly an important argument • Insufficient time and resources to be making. for the NGO to devote to influencing policy. It is often not seen as priority work, and few organisations can afford to have dedicated staff devoted to PR and campaigning work. • Rising prison population and chapter 8:impaginato 11-04-2014 17:27 Pagina 38

Tools of the trade: influencing key personnel within the relevant policy government departments and with • Have a credible spokesperson ministers. who can communicate issues in a • Maximise the potential power lively and engaging way and who of the media. knows the subject matter. • Produce policy briefings and e- • Support your proposal with rig- bulletins to send to parliamentari- orous research and evaluation. ans, researchers and the media. • Produce good presentational • Participate wherever possible in material that makes people want to government consultations and leg- pick it up and read it, such as an- islative reforms. nual reports, newsletters, and promotional pamphlets. Raising awareness • An engaging and user-friendly • Use celebrities (in moderation website with reciprocal links to oth- and carefully selected). er relevant organisations, fact • Draw in other influential and 184 sheets for policymakers, the press useful individuals such as patrons, and researchers. presidents or trustees of relevant • Make sure you have a Key Facts NGOs. They can help with funding information sheet that can be read- and PR. ily given out to your target audi- • Make use of key dates such as ence. This will need to be amended ten-, twenty-, twenty-five-year an- according to who is being targeted niversaries to put on high-profile (e.g., child psychologists, funders, events or launch specific cam- politicians, the press, etc.). paigns. • Make good use of statistics (pre- • Use local as well as national me- sent them often and in new ways). dia, particularly the radio. Present first hand case studies, chil- • Use social media such as Face- dren’s quotes, etc. book and Twitter to develop a fol- • Choose your campaign issues lowing and a debate on the issue carefully and try to make them and keep them informed of news achievable. relating to children of prisoners. • Highlight the positive—use ex- • Hold receptions, conferences amples of good practice to argue and special events with key your case rather than present nega- themes, but choose your venue tive arguments. carefully. • Draw on pan-European experi- • Ensure you have sound user rep- ence; this can help lever support for resentatives who can act as advo- new initiatives (e.g., Norwegian Red cates. Cross). • Use photos, drawings, cartoons • Develop personal contact with or theatre to emotionally engage chapter 8:impaginato 11-04-2014 17:27 Pagina 39

Chapter eight: Advocacy for children of prisoners

the audience. the prison population is in part fi- • Undertake joint initiatives with nance driven. If that protects chil- other NGOs, funders etc. to pro- dren from having to deal with mote your cause. parental imprisonment then that is • Provide specialist training to beneficial. Nevertheless, public other professionals. opinion and the power of the me- • Publish books and resources for dia that fuel the pressure to im- children, carers and professionals prison across Europe make the job working with children of prisoners. of NGOs working in this field, and • Use commercial companies for of Children of Prisoners Europe, a PR/fundraising. Other companies daunting one at times. No Euro- will donate gifts for children dur- pean country has sufficient statu- ing holiday periods or for raffles; tory obligation on prison authori- free travel tickets. ties to provide any specialist serv- • Produce promotional material ice to children of prisoners. Partic- such as postcards/holiday cards to ular emphasis should be placed on engage new audiences and pro- getting a budget line for work with 185 mote your organisations. children of prisoners through the European Parliament. There is Conclusions growing consideration of alterna- At a national level, organisa- tives to imprisonment for women tions are making significant strides and of the primary care needs of in getting the issues of children women offenders at the point of with a parent in prison into na- sentencing following the adoption tional government policy. Many im- of the Bangkok Rules in 2010. provements have been made to the Whilst Norway, France and the UK, experience of children visiting among others, now have require- prison as a result of the good prac- ments for prison authorities to en- tice work undertaken by organisa- sure that prison visits conditions tions across Europe. Attitudinal are suitable for children, the need change is hard to achieve and rep- to ensure standardised effective resents a major challenge in most high-quality implementation re- European countries. Over the past mains. five years the biggest challenge The developments since the first NGOs and governments have prison visitor centre opened in the faced is the economic crisis, which UK in 1969 in thinking and pro- has put huge pressure on funding viding for children of prisoners for NGO services and on prison across Europe are impressive. That staff who facilitate NGO services initial missionary zeal that early in prisons. However, in some coun- NGOs had to spearhead change tries at least, the impetus to reduce has remained in the work de- chapter 8:impaginato 11-04-2014 17:27 Pagina 40

scribed in this book: through dif- “Finally, it is key that civil socie- ferent complexions of governments ty actors play a leading role, bring- across Europe—some more sympa- ing their expertise and knowledge thetic than others—and through of what works and ensuring that more liberally funded to harsher the rights of the children them- economic times. The practical selves take centre stage.”XXVII achievements are great, the dis- cernment and thought in develop- Original chapter drafted by Lucy ing shared good practice stimulat- Gampell with contributions from ing and encouraging; more re- Kjersti Holden (Norway), Lia Sacer- mains to change to support chil- dote (Italy), Pernilla Svebo Lindgren dren with imprisoned parents in (Sweden) and Sophie Buyse (Bel- Europe. gium); second edition editors Kate Philbrick, Liz Ayre and Hannah Lynn, with research by Paola Costa.

186 chapter 8:impaginato 11-04-2014 17:27 Pagina 41

Chapter eight: Advocacy for children of prisoners

IParliamentary Assembly on Resolution 1663 from 2009 entitled “Les femmes en prison”. Point 8.3 is particularly that information on prisoners’ children be recorded and made public: “8.3. A consigner, dès l’incarcération d’une personne, le nombre, l’âge et le lieu de résidence de ses enfants et de la personne qui en a la charge (que la personne incarcérée soit un homme ou une femme), et à rendre ces informations publiques” This law sought to iprove prison conditions (and therefore family-prisoner links). Unfortunately, it has meant that the governor of each prison now has his or her own power to make decisions with respect to visits. The national legal framework is not specific or protective enough to circumvent this, and ultimately it is down to the individual governor to make decisions on these matters. In practice, therefore, the application of policies and recommendations varies from prison to prison. See: Dujourdy, E., (2013). The work of the European Prison Observatory Project. In: Prisons across Europe: National Focuses on protocols relating to children of prisoners, COPE Special Edition Newsletter. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/PrisonsAcrossEuropeNewsletter.pdf II Allen, R. (2012). Reducing the Use of Imprisonment: What Can We Learn from Europe?. Crim- inal Justice Alliance. Available online at: http://www.criminaljusticealliance.org/CJA_ReducingImprisonment_Europe.pdf III Ditchfield, J. (1994). Family ties and recidivism. Home Office research bulletin, 36. IV In general, ex-prisoners who are visited by a family member have a significantly lower re-offending rate: the odds are 39 per cent higher that they will re-offend within a year if they 187 have received no visits. In: Ministry of Justice. Reducing re-offending: supporting families, creating better futures. Ministry of Justice and Department for children schools and families. Crown copyright. Available online at: http://dera.ioe.ac.uk/207/1/reducing-reoffending-supporting-families.pdf V Jones, A. D., Gallagher, B., Manby, M., Robertson, O., Schützwohl, M., Berman, A. H., Hirschfield, A., & Ayre, L., Urban, M., Sharratt, K. (2013). A. Jones (Ed.), Children of Prisoners: Interventions and Mitigations to Strengthen Mental Health. University of Huddersfield. http://childrenofprisoners.eu/wp-content/uploads/2013/12/COPINGFinal.pdf VI Swedish Health and Medical Services Act 2 g § (1982:763) and chapter 2 of the Act relating to professional health care (1998:531). Available in Swedish at: http://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Lag- 1998531-om-yrkesverksam_sfs-1998-531/ VII Coping Report, op. cit. See also: Scharff-Smith, P., & Gampell, L. (2011). Children of imprisoned parents. University of Ulster and Bambinisenzasbarre, The Danish Institute for Human Rights, Denmark, European Network for Children of Imprisoned Parents. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/DIHR.pdf VIII Le défenseur des droits de la République française. (October 2013). Groupe de travail « In- térêt supérieur de l’enfant ». Rapport « le maintien de liens à l’épreuve de l’incarcération ». Available online at: http://www.defenseurdesdroits.fr/sites/default/files/upload/rapport-gt-10-10-13.pdf See also: Rapport du Comité des droits de l’enfant. (2008): Examen par les états parties en application de l’article 44 de la convention. Supplément n° 41 (A/63/41). Nations Unies: New York. IX The Ombudsperson for Children, Croatia, (2013). The Rights of Children of Incarcerated Par- ents: Proceedings of the Expert Panel Meeting. Zagreb. Available to download at: http://www.dijete.hr/hr/publikacijepravobranitelja/doc_details/368-the-rights-of-children-of- incarcerated-parents.html. X Irish Penal Reform Trust, (November 2012). Picking Up the Pieces: The Rights and Needs of Children and Families Affected by Imprisonment. Available to download at: http://www.iprt.ie/contents/2450 chapter 8:impaginato 11-04-2014 17:27 Pagina 42

XI London School of Economics (November 2012). Impact-monitoring Research Leads to Clear EU Policy Recommendations to Improve Services for Children of Prisoners. Blog post available online at: http://blogs.lse.ac.uk/impactofsocialsciences/2013/11/04/coping-project-children-of-prisoners/ XII Action for Prisoners’ Families was successful in using performances of a play, Homeward Bound, at conferences, in schools and in prisons to great acclaim. It is now being made into a DVD with an accompanying education pack and will be made available to prisoners, prison staff and other professionals working with children and families or forming policy. XIII Bernstein, N., (2003). Bill of Rights for Children of Incarcerated Parents. San Francisco Partnership for Incarcerated Parents (SFPIP). Available online at: http://www.fcnetwork.org/billofrights.pdf XIV Paralele, (2013). Children in the Shadows (video report). Croatia. Contains footage on work with children of prisoners in Switzerland, Italy and Romania as well as Croatia. Available to view online at: http://www.hrt.hr/enz/paralele/226299/ XV The Ombudsperson for Children, Croatia, op. cit. (2013). XVI Ibid. XVII Kilkelly, U., ‘The best of both worlds for children’s rights: interpreting the European CRC on Human Rights in the light of the UN Convention on the Rights of the Child’, Human Rights Quarterly, vol. 23, no. 2, 2001, pp.308–326. XVIII http://www.upr-info.org/IMG/pdf/UPR-FullCycleCalendar_2nd.pdf XIX 188 European countries that have ratified the Optional Protocol as of 14 January 2014: Albania, Germany, Montenegro, Portugal, Spain, and Slovakia. For additional information: http://www.childrightsconnect.org/index.php/connect-with-the-un-2/op3-crc XX For other details relating to international treaties, see Office of the High Commissioner for Human rights website and their Civil Society Handbook: http://www.ohchr.org/EN/Pages/WelcomePage.aspx XXI See more at: http://www.familiesoutside.org.uk/universal-periodic-review/#sthash.epwTAp94.dpuf and for links to UK documents: http://www.togetherscotland.org.uk/resources-and-networks/universal-periodic-review/ XXII Penal Reform International, (2014). UN Bangkok Rules toolbox. Available online at: http://www.penalreform.org/priorities/women-in-the-criminal-justice-system/bangkok-rules- 2/tools-resources/ XXIII Norway’s Execution of Sentences Act (2002) maintains that “Particular importance shall be attached to a child’s right of access to his or her parents during the execution of a sanction”…and that “Visits should be carried out in a room designed for this purpose. The prison shall arrange for visits by children to be carried out in a considerate manner.” XXIV Ministry of Justice, National Offender Management Service, (2011). Providing Visits and Services to Visitors PSI16/2011. See also footnote i for France. XXV Norwegian Ministry of Justice and Public Security, (2004). Execution of Sentences Act. Available online at: http://www.regjeringen.no/en/dep/jd/documents-and-publications/Laws-and-rules/reglement/2004/Act-relating-to-the-execution-of-sentences-etc- .html?id=420593 XXVI Memorandum of Understanding, (March 2014). Bambinisenzasbarre and Italian Senate. XXVII Hainsworth, J., (2013). The role of the EU in defending the rights of prisoners’ children. In: Prisons Across Europe: National focuses on protocols relating to children of prisoners, COPE Special Edition Newsletter. Available online at: http://childrenofprisoners.eu/wp-content/uploads/2013/12/PrisonsAcrossEuropeNewsletter.pdf chapter 8:impaginato 11-04-2014 17:27 Pagina 43

Bibliography

Adalist-Estrin, A. & Mustin J. (2003). Responding to Children and Families of Prisoners: A Community Guide, Family and Corrections Network. Albano, C. (1985). La famiglia del detenuto come vittima, Rivista di Servizio Sociale, n.4. Alles, D. (2001). A l’ombre de l’incarcération des parents, Acta Psychiatrica Belgica, n.101, pp.145-160. ASBL Relais Enfants-Parents. (2011). Un voyage particulier, Réseau Itinérances. En collaboration avec la Croix-Rouge et le Fonds Houtman. Ayre, E. (2014). Bridging the policy gap for children separated from a parent in prison. In: Realising the Rights of Every Child Everywhere, Moving forward with the EU. Brussels: UNICEF and Eurochild. Ayre, E. (2012). Understanding the Policy Gap for Children affected by Parental Incarceration: Why the Transposition of their Rights to Family Life and Well-Being Is Lagging. Scientific Annals of the Alexandru Ioan Cuza University. New Series. Sociology and Social Work Section, (05 (2), pp.19-33. Ayre, E., Goezinne, A. & Robertson, O. (2011). Involving Children in Research. Child Rights Information Network. Available online at: http://www.crin.org/resources/publications (25/08/2011). Ayre, E., Philbrick, K. & Reiss, M (ed.). (2006). Children with Imprisoned Parents: European Perspectives. Paris: ECH. Ayre, E. (1999). Le rôle du déni. Variations, n.3. Paris: Fédération des Relais Enfants Parents. pp.71-81. Ayre, E. (ed.). (1998). Children with Imprisoned Parents: A Look at 8 EU Countries. Paris: FREP. Ayre, E. (1996) They Won’t Take No for an Answer: The Relais Enfants Parents. Early Childhood Development. Practice and Reflection n. 11. The Hague: Bernard van Leer Foundation. Bambinisenzasbarre. (2013). Genitorialità e carcere : coniugare la sicurezza e qualità dell’incontro, Ecole 189 Relais Enfants Parents/Ministero della Giustizia, Dipartimento Amministrazione Penitenziaria. Provveditorato Regionale Lombardia. Bambinisenzasbarre. (2011). Storia del carcere, dall’Unità d’Italia ad oggi. Il carcere alla prova dei bambini. I figli di genitori detenuti. Un gruppo vulnerabile. In collaboration with Eurochips, The Danish Institute for Human Rights, European Union, Italian Justice Ministry and Italian Department for Penitentiary Administration. Barral, O. (2004). Les passeurs de murailles. Familles et intervenants en prison. Ramonville-Saint Agne: Éditions Erès. Barrette, M., Cote, S., Du Beau, D., Lafortune, D. et al. (2005). Rapport final. Projet grandir sainement avec un père détenu. Phase III: Consolidations du projet et transfert des connaissances, Trois-Rivières. Rapport de la maison Radisson. Bastard, B. & Cardia-Voneche, L. (1994). Des pratiques novatrices en faveur du maintien des liens après la séparation. Enfants, parents, séparations. n.8. Paris: Fondation de France. Baulon, M. A. (2002). La prise en compte des liens entre l’enfant et son parent détenu dans les mesures d’assistance éducative. In: Bouregba A. (ed.), Les liens familiaux à l’épreuve du pénal, Paris: Éditions Érès, pp.51-56. Bellefroid, B. (2007). Pourquoi on ne peut pas se voir dehors quand il fait beau. Une initiative du Fonds Houtman, coproduction Les Films du Fleuve et Wallonie Image Production. Bellocchio Ravasi, L. (2005). Sogni senza sbarre. Storie di donne in carcere. Milan: Cortina. Berger, M. (2005). Ces enfants qu’on sacrifie… au nom de la protection de l’enfance. Paris: Dunod. Biller, H. B. (1993). Fathers and Families, Paternal Factors in Child Development. Connecticut: Auburn House. Biondi, G. (1995). Lo sviluppo del bambino in carcere. Milan: Franco Angeli. Birtsch, V. & Rosenkranz, J. (1998). Mütter und Kinder im Gefängnis. Munich: Juventa Verlag Weinham and München. Black, D. (1992). Children of Parents in Prison, Archives of Disease in Childhood, 67(7), pp.967-970. Blanco, M.-F. & Bouregba, A. (2000). L’Expérience des Relais Enfants Parents. In: Françoise Dolto aujourd’hui présente, Paris: Gallimard. Blanco, M.-F. (1992) Comment aider un parent détenu et son enfant?, Enfants, Parents, Prison, n.4, Paris: Fond. de France. chapter 8:impaginato 11-04-2014 17:27 Pagina 44

Bloom, B. & Steinhart, D. (1993). Why Punish the Children?, Council on Crime & Delinquency: San Francisco. Bona, R. (1994). Problemas específicos de la mujer reclusa, in Vigilancia penitenciaria, VIII Reunión de jeuces de vigilancia penitenciaria. Madrid: Consejo General del Poder Judicial, pp.103-117. Bonnetain, Y. S. & Vallot, M. J. (1991). Pour accompagner les femmes incarcérées et leur bébé, de l’attachement à la séparation, Dialogue, n.112, Paris. Boswell, G. & Wedge, P. (2002). Imprisoned Fathers and Their Children, London: Jessica Kingsley. Boudouris, J. (1996). Parents in Prisons: Addressing the needs of families. College Park, Maryland: ACA. Bouregba, A. (2011). L’enfant et son parent, l’histoire d’une empreinte. Paris: Dunod. Bouregba, A. (2010). L’éloignement : perspective psychanalytique, Variations, n.5, pp.5-19. Bouregba, A. (2005). I legami familiari alla prova del carcere. Milan: Bambinisenzasbarre. Bouregba, A. (2004). Les troubles de la parentalité. Paris: Dunod. Bouregba, A. (2002). La nécessaire continuité des liens familiaux. In: Bouregba, A. (ed.), Les liens familiaux à l’épreuve du pénal, Paris: Éditions Érès, pp.7-12. Bouregba, A. (2002). La parentalité à l’épreuve de l’incarcération, In: Bouregba A. (ed.), Les liens familiaux à l’épreuve du pénal, Paris, Éditions Érès, pp. 71-83. Bouregba, A. (1992). Parents, Détenus, Enfants Séparés: De la rupture au maintien des liens, Enfants, Parents, Prison, n.4, Paris: Fondation de France. Bouregba, A. (1991). De la rupture au maintien des liens, Transitions, Enfants-Parents-Lieux, n.31. Paris: ASEPSI. 190 Bowlby, J. (1973). A Secure Base: Parent child attachment and healthy human development, New York: Basic Books. Bowlby, J. (1969). Attachment and Loss (Vol. 1), Attachment. Basic Books: Penguin Books. Bowlby, J. (1973). Attachment and Loss (Vol. 2), Separation : Anxiety and Anger. Basic Books: Penguin Books. Bowlby, J. (1980). Attachment and Loss (Vol. 3), Loss: Sadness and depression. Basic Books: Penguin Books. Braman, D. (2004). Doing Time on the Outside: Incarceration and Family Life in Urban America. Ann Arbor: University of Michigan Press. Brown, K. (2001). No-one’s Ever Asked Me: Young People With a Prisoner in the Family, London: Federation of Prisoners’ Families Support Groups, Young People’s Project. Buyse, S., De Jaegher, K., Meyvis, W. & Sauveur, M. H. (1997). Quand un parent est en prison… comment rester proches: Les relations des enfants avec leur parent en prison. La situation en Belgique. Bruxelles: Fondation Roi Baudouin. Caddle, D. & Crisp, D. (1997). Mothers in Prison, Home Office Research and Statistics Directorate, London: HMSQ. Carlson, B. E. & Cervera, N. (1991). Inmates and their families: Conjugal visits, family contact, and family functioning. Criminal Justice and Behaviour, n.18. Cassan, F. (2002). L’Histoire familiale des hommes détenus. Synthèses, n.59, Paris: INSEE. Catan, L. (1992). Infants With Mothers in Prison, in Shaw R. (ed.), Prisoners’ Children: What Are the Issues?. London: Routledge, pp.76-95. Catan, L. (1988). The Development of Young Children in HMP Mother and Baby Units, HORPU Research Bulletin, n.26. London: pp.9-12. Chantraine, G. (2004). Prison et regard sociologique: pour un décentrage de l’analyse critique. Champ pénal/penal Field, 1. Chantraine, G. (2004). Par-delà les murs. Expériences et trajectoires en maison d’arrêt. Paris: Le Monde. Cloutier, R. & Lemieux, N. (1995). Le programme entre-parents: Fournir aux parents des moyens pour favoriser l’adaptation de l’enfant à la suite de leur separation. Santé Mentale au Québec, n.20(1), p.221- 227. Combessie, Ph. (2001). Sociologie de la prison, Paris: Editions La Découverte. Coquebert, A. (2010). Crever de solitude, la constitution du groupe de paroles, Variations, n. 5, pp.49-56. Coyle, A. (2005). Understanding prisons: Key issues in policy and practice. McGraw-Hill International. chapter 8:impaginato 11-04-2014 17:27 Pagina 45

Bibliography

Coyle, A. (2003). A human rights approach to prison management. Criminal Behaviour and Mental Health, 13(2), pp.77-80. Crepin, C. (2000). Les détenus et leur famille: les effets de l’incarcération. Recherches et prévisions, n.61, pp.92-94. Dallaire, D. H., Ciccone, A., & Wilson, L. C. (2010). Teachers’ experiences with and expectations of children with incarcerated parents. Journal of Applied Developmental Psychology, 31(4), pp.281-290. Dallaire, D. H. (2007). Incarcerated mothers and fathers: A comparison of risks for children and families. Family relations, 56(5), pp.440-453. Defina, R.H. & Hannon, L. (2010). The Impact of Adult Incarceration on Child Poverty: A County-Level Analysis, 1995-2007, The Prison Journal 90 (4), pp.377-396. Dehart, D.D. & Altshuler, S.J, (2009). Violence Exposure Among Children of Incarcerated Mothers. Child and Adolescent Social Work Journal, n.26, 5, pp.467-479. Daga, L. & Biondi, G. (1988). Il problema dei figli con genitori detenuti, in Caffo E. (éd.), Il rischio familiare e la tutela del bambino. Milan: Guerrini e Associati. Durnescu, I., Dobrica, M. & Bejan, C. (2010). Prison Rehabilitation in Romania, Journal of Criminal Justice and Security 12 (2), pp.181-195. De Pascalis, M. (1996). Colloqui visivi e telefonici: non solo diritto del detenuto ma anche componente del trattamento, Diritto processuale penale. Delens-Ravier, I. & Weissgerber, G. (2005). Recherche évaluative conjointe enfants, parents, détenus, Rapport final de recherché. Belgium: Fonds Houtman. Ditchfield S. (1994). Family Ties and Recidivism: Main findings from the literature. Home Office Research 191 Bulletin, n.36, London. Dolto, F. & Ruffo, A. (1999). L’Enfant, le juge et la psychanalyste (Interviews). Paris: Gallimard. Dormoy O. (1991). Une journée particulière à Fleury-Mérogis, La visite de Françoise Dolto à la Maison d’Arrêt de Femmes de Fleury-Mérogis le 26 mars 1987, Transitions, n. 31. Paris: Enfants-Parents-Lieux, (APSI). Dufourcq-Chappaz, C. (2010). Groupe de soutien à la parentalité, Atelier de confection d’objets relais, Variations, n. 5, p.68-77. Eddy, J. M., & Poehlmann, J. (2010). Children of Incarcerated Parents: A Handbook for Researchers and Practitioners. Urban Institute Press. 2100 M Street NW, Washington, DC 20037. Eliacheff, C. (2002). L’enfant éloigné de son parent incarcéré. In: Bouregba, A. (ed.), Les liens familiaux à l’épreuve du penal. Paris: Éditions Érès, pp.39-50. Federation of Prisoners’ Families Support Groups. (1993). Living On The Outside, Prisoners’ Families, Needs and Responses, Conference Report. London. Ferrari, P. (1990). (ed.), Enfants et Prison, Coll. Lieux de l’enfance. Paris: Editions Eshel. Foucault, M. (1975). Surveiller et punir, la naissance de la prison, Paris: Gallimard. Gabel, K. & Johnston, D. (1995). Children of Incarcerated Parents. New York: Lexington Books. Gabel, S. & Shindeldecker, R. (1993). Characteristics of children whose parents have been incarcerated, Hospital and Community Psychiatry, n.44(7), pp.656-660. Gabel, S. (1992). Behavioral Problems in Sons of Incarcerated or Otherwise Absent Fathers: The issue of separation. Family Process, n.31, pp.303-314. Gampell, L. & Ayre, E. (2011). Consultation response to “Strengthening Mutual Trust in the European Judicial Area - a Green Paper on the Application of EU Criminal Justice Legislation in the Field of Deten- tion” (COM (2011) 327/3) http://ec.europa.eu/justice/newsroom/criminal/opinion/files/110510/eurochips_response_en.pdf Ghani, N. A. & Mahmud, C. S. N. (2012). Social Support and Well-being of the Children of Prisoners, Advances in Natural and Applied Sciences, n.6, 3, pp.357-364. Ghetti, C. (2000). Carcere e famiglia, gli aspetti del disagio. In: Nanni, W. & Vecchiato, T. (ed.), La Rete Spezzata. Milan: Feltrinelli. Giravalli, P. (2012). In: Bouyssière-Catusse, E. & Raynaud, J-P. (ed.) Adolescents difficiles: penser et construire des partenariats. Ramonville-Saint Agne: Éditions Érès. Glover, J. (2009). Every night you cry: the realities of having a parent in prison. Essex: Barnardos. chapter 8:impaginato 11-04-2014 17:27 Pagina 46

Hairston, C. F. (1991). Family Ties During Imprisonment: Important to Whom and for What?. Journal of Sociology and Social Welfare, n.18(1), pp.87-104. Hairston, C. F. & Hess, P. M. (1989). Family Ties: Maintaining child-parent bond is important. Corrections Today, n.51(2), pp.104-106. Herzog-Evans, M. (2000). L’intimité du détenu et de ses proches en droit compare. Paris: L’Harmattan. Hissel, S., Bijleveld, C. & Kruttschnitt, C. (2011). The well-being of children of incarcerated mothers: An exploratory study for the Netherlands, European Journal of Criminology, n.8 (5), pp.346-360. Holt, N. & Miller, D. (1972). Exploration in Inmate-Family Relationships, Report n. 46. Sacramento: Cali- fornia Department of Corrections. Cuminetti, M. (2002). Il tempo e lo spazio della relazione figli-genitori in carcere. Séminaire du 8 juin 2001. Milan: Bambinisenzasbarre/Associazione Gruppo Carcere. Johnson, E. I., & Easterling, B. (2012). Understanding unique effects of parental incarceration on children: Challenges, progress, and recommendations. Journal of Marriage and Family, 74(2), pp.342-356. Johnson, E. I. & J. Waldfogel. (2004). Children of incarcerated parents: Multiple risks and children’s living arrangements. In: Patillo, M., Weiman, D. & Western, B. (ed.), Imprisoning America: The Social Effects of Mass Incarceration. New York: Russell Sage. Jones, A., Gallagher, B., Manby, M., Robertson, O., Schützwohl, M., Berman, A., Hirschfield, A., Ayre, L., Urban, M., Sharratt, K. and Christmann, K. (2013) Children of Prisoners: Interventions and mitigations to strengthen mental health. University of Huddersfield, Huddersfield. Available online at: http://eprints.hud.ac.uk/18019/ 192 Jones, A. (2012). Experiences of Invisible, Marginalised or Socially Excluded Childhood: Implications for national and international agendas. Scientific Annals of the ‘Al. I. Cuza’ University, Iasi. Sociolo; 2012, Vol. 5 Issue 2, p.5. Kaminski, D. (2006). Droits des détenus et protection de la vie familiale. Politiques sociales, n.3-4, pp.12- 24. Kaminski, D., Reman, P., Delens-Ravier, I. & Weissberger, G. (2005). Recherche évaluative conjointe En- fants-Parents détenus. Brussels: Fonds Houtman (ONE). King, R. (2005). Capital Consequence: Families of the Condemned Tell their Stories. New Brunswick: N.J., Rutgers University Press. Kjellstrand, J. M. & Eddy, J. M. (2011). Parental Incarceration During Childhood, Family Context, and Youth Problem Behavior Across Adolescence. Journal of Offender Rehabilitation, n.50, pp.18-36. Kruse, C. (2009). La diversité culturelle dans les espaces de rencontre. Entre déni et idéologie. Le Furet, n.58. Laforrune, D., Barrette, M. & Brunelle, N. (2005). L’incarcération du père: expérience et besoins des familles, Criminologie, n.38, Vol. 1, pp.163-188. Lanier, C. (1993). Prisoners Parenting Center: A Promising Resource Strategy for Incarcerated Fathers. Journal of Correctional Education, pp.174-182. Le Camus, J. (2002). Rester parents malgré la détention: les relais enfants-parents et le maintien des liens familiaux, Ramonville-Saint Agne: Éditions Érès. Lee, F., Gentry, M. & Laver, M. (2005). The Impact of the Adoption and Safe Families Act. CWLA. Le Defenseur des Droits. (2013). Groupe de travail “Intérêt supérieur de l’enfant”, Rapport “Le maintien de liens à l’épreuve de l’incarcération”. La République Française: Le Defenseur des Droits. Lemaire, J. G. (1989). Famille, Amour, Folie. Paris: Païdos le Centurion. Lloyd, E. (1991). Contact between children and their imprisoned parents: research and practice. In: Mc- Murran, M. & Thornton, D. (ed.), Proceedings of the 1991 Prison Service Psychology Conference. London: Home Office HMPS. Loper, A. B., Phillips, V., Nichols, E. B., & Dallaire, D. H. (2014). Characteristics and Effects of the Co-parenting Alliance between Incarcerated Parents and Child Caregivers. Journal of Child and Family Studies, 23(2), pp.225-241. Loucks, N. (2005). Keeping in Touch: The Case for Family Support Work in Prison. London: Prison Reform Trust. Loucks, N. (2004). Prison without bars: needs, support, and good practice for work with prisoners’ chapter 8:impaginato 11-04-2014 17:27 Pagina 47

Bibliography

families. Tayside: Families Outside. Loucks, N. (2002). Just Visiting? A Review Of The Role Of Prison Visitors’ Centre Author: Nancy Loucks, Publisher: Prison Reform Trust Pages. Luzzago, A., Pietralunga, S. & Solera, P. (1991). L’incidenza negativa della detenzione dei genitori sui figli. Rassegna Italiana di Criminologia. Milan: Giuffré. Manolache, R. & Loancea, A. (2011). Study on the impact of real economic growth on crime rates for Romania. Implications of population from rural privative of imprisonment of liberty. The Bucharest Academy of Economic Studies. Marshall, K. (2008). Not Seen. Not Heard. Not Guilty: The Rights and Status of the Children of Prisoners in Scotland. Edinburgh: Scotland’s Commission for Children and Young People. Matthews, J. (1983). Forgotten victims. How prison affects the family, London: NACRO. McEvoy, K., O’Mahony, D., Horner, C. & Lyner, O. (1992). The home front: the families of politically motivated prisoners in Northern Ireland. British Journal of Criminology, n.39(2), pp.175-197. Melli, P. & Sacerdote, L. (2011). Lalla’s Wednesdays, I mercoledi di Lalla. Milan: Bambinisenzasbarre onlus. Miller, A. L., Perryman, J., Markovitz, L., Franzen, S., Cochran, S., & Brown, S. (2013). Strengthening Incarcerated Families: Evaluating a Pilot Program for Children of Incarcerated Parents and Their Caregivers. Family relations, 62(4), pp.584-596. Ministry of Justice. (2012). Prisoners’ childhood and family backgrounds. London. Montigny, E. (2000). Une association au service de la vérité. La Croix. Mulready-Jones, A. (2011). Hidden Children: A study into services for Children of Incarcerated Parents in Sweden and the United States. PACT, pp.1-23. 193 Murray, J., Farrington, D. P., & Sekol, I. (2012). Children’s antisocial behavior, mental health, drug use, and educational performance after parental incarceration: a systematic review and meta-analysis. Psychological bulletin, 138(2), p.175. Murray, J., & Farrington, D. P. (2008). The effects of parental imprisonment on children. Crime and Justice, 37(1), pp.133-206. Murray, J. (2007). The cycle of punishment Social exclusion of prisoners and their children. Criminology and Criminal Justice, 7(1), p.55-81. Murray, J., & Farrington, D. P. (2006). Evidence Based Programs for Children of Prisoners. Criminology & Public Policy, 5(4), p.721-735. Murray, J. (2005). The Effects of Imprisonment on Families and Children of Prisoners. In: Liebling, A. & Maruna, S. (ed.), The Effects of Imprisonment of prisoners. Uffculme Cullompton, Devon: Willan Publishing. pp.442-464. Nurse, A. M. (2002). Fatherhood Arrested: Parenting from within the Juvenile Justice System. Nashville: Vanderbilt University Press. Ott, L. (2010). Les relations enfants-parents: perspective éducative et philosophique. Variations, n.5, pp.32- 47. Dublin Institute of Technology, Centre for Social and Educational Research. (2002). Parents, Children and Prison, Effects of Parental Imprisonment on Children. Dublin. Parke, R. D. & Clarke-Stewart, K. A. (2002). Effects of Parental Incarceration on Young Children. Conference: From Prison to Home, The Effect of Incarceration and Reentry on Children, Families and Communities. 30-31 January 2001, U.S. Department of Health and Human Services. Perez, J. A. (1996). Inmate Parenting Contact Visitation Programs: Why implement them? American Jails, n.10(5), pp.31-6. Peterilia, J. (2004). When Prisoners Come Home: Parole and Prisoner Reentry. New York: Oxford University Press. Philbrick, K. (2005). Children Visiting Prisons: Sharing good practice. Glasgow: KIDS VIP. Poehlmann, J., Dallaire, D., Loper, A. B., & Shear, L. D. (2010). Children’s contact with their incarcerated parents: Research findings and recommendations. American Psychologist, 65(6), p.575. Poehlmann, J. (2009). Children of incarcerated mothers and fathers. Wis. JL Gender, & Soc’y, 24, p.331. Queloz, N., Luginbühl, U. & von Mandach, L. (2013). Am selben Strick ziehen: Vernetzung und interdiszi- plinäre Zusammenarbeit im Justizvollzug / Tirer à la même corde: mise en réseau et collaboration chapter 8:impaginato 11-04-2014 17:27 Pagina 48

interdisciplinaire dans l’exécution des sanctions pénales. Collection Criminalité, Justice et Sanctions, Vol. 14. Queloz, N., Luginbühl, U., Senn, A. & Magri, S. (ed.) (2009). Ist das Ziel der Resozialisierung noch zeitgemäss? / L’objectif de la resocialisation est-il toujours d’actualité?. Famille je vous hais ou famille je vous aime; les rôles de familles dans la resocialisation Vol. 12. Bern: Staempfli. Revault D’Allonnes, C. (1993). Etre, faire, avoir un enfant. Petite Bibliothèque Payot. Robertson, O. (2012). Children of incarcerated parents. Geneva: Quaker United Nations Office. Robertson, O., Sharratt, K., Pascaru, G., Bieganski, J., Kearney, H., Dommerland, N., Jones, A., Raikes, B., Urban, M. & Cheung, R. (2012). Stakeholder Perspectives on the needs of Children of Prisoners in Europe. Scientific Annals of the Ioan Cuza University Iasi: Social Work Series, 5 (2). pp.98-114. Robertson, O. (2007). The impact of parental imprisonment on children. Geneva: Quaker United Nations Office. Rosenberg, J. (2009). Children Need Dads Too: Children with Fathers in Prison. Geneva: Quaker United Nations Office. Sacerdote, L. (2001). Il mantenimento della relazione genitoriale nella separazione della detenzione, un intervento possible, Ristretti Orizzonti, n.5. Sacerdote, L. (2006). I legami familiari messi alla prova , Famiglia Oggi, n.5. Sacerdote, L. (2013). Genitorialità e carcere: coniugare sicurezza e qualità dell’incontro, percorso formativo del triennio 2010-13 al personale penitenziario della Lombardia, p.160. Sack, W. H. & Seidler, J. (1978). Should children visit parents in prison? Law and Human Behaviour, 194 n 2(3), pp.261-66. Sack, W. H., Seidler, J. & Thomas, S. (1976). The children of imprisoned parents: A psychosocial exploration, American Journal of Orthopsychiatry, n.46(4), pp.618-628. Sautereau, E. (1999). La place du psychiatre dans les situations d’inceste, Variations, n.3, pp.7-20. Scharff-Smith, P. & Gampell, L. (2011). Children of Imprisoned Parents. The Danish Institute for Human Rights, European Network for Children of Imprisoned Parents, University of Ulster and Bambinisenzasbarre. Copenhagen: DIHR. Schekter, V., Granzotti, E. & Hauri, E. (2006) Parentalité et détention, Revue Suisse de Criminologie, 2, pp.47-50. Bern. Schwartz-Soicher, O., Geller, A. & Garfinkel, I. (2011). The Effects of Paternal Incarceration on Material Hardship. Social Service Review, n.85,3, pp.447-473. Service Treffpunkt. (2013). Lueurs d’espoir, œuvre collective réunissant les témoignages et les œuvres des détenus. Luxembourg. Seymour, C. B. & Hairston, C. F. (1998). Children with Parents in Prison: Special Issue, Child Welfare Journal of Policy, Practice and Program, n.77(5), pp.469-493. Sharp, S. F., Marcus-Mendoza, S. T. (2001). It’s a family affair: Incarcerated women and their families. Women and Criminal Justice, n.12(4), pp.21-49. Shaw, R. (1992). Prisoners’ Children: What are the Issues?. London: Routledge. Shlafer, R., Gerrity, E., Ruhland, E., Wheeler, M., & Michaels, C. (2013). Children with Incarcerated Parents-Considering Children’s Outcomes in the Context of Family Experiences. Social Exclusion Unit. (2002). Report: Reducing Re-offending by Ex-prisoners. London. Taylor, R. (2004). Women in Prison and Children of Imprisoned Mothers, preliminary research paper. Geneva: QUNO. Uchida, C. D., Swatt, M. & Solomon, S. E. (2012). Exposure to Violence Among Children of Inmates: A Research Agenda. Silver Spring: Justice and Security Strategies, Inc. Weissberger, G. & Delens-Ravier, I. (ed.). (2006). Les enfants de parents detenus. Les politiques sociales, n.3-4. Fondation Universitaire de Belgique. Wilderman, C. (2010). Parental Incarceration and Children’s Physically Aggressive Behaviours: Evidence from Fragile Families and Child Well-Being Study. Social Forces 89 (1), pp.285-310. Wolleswinkel R. (2002). Children of Imprisoned Parents. In: Willems J. C. M. (ed.), Developmental and Autonomy Rights of Children: Empowering Children, Caregivers and Communities. Anvers: Intersentia. chapter 8:impaginato 16-04-2014 22:46 Pagina 49

Index

A Action for Prisoners’ Families 161, 170, 173 Advocacy 12, 29, 30, 36, 49, 59, 135, 156, 160, 161, 162, 163, 169, 172, 174, 178, 181, 182 Assisted Prison Visits Scheme 93 Attachment 42, 45, 46, 65, 67, 68, 69, 70, 72, 78, 113, 121, 155 B Bambinisenzasbarre 76, 79, 95, 108, 146, 161, 165, 167, 168, 180 Bangkok Rules 26, 37, 113, 115, 118, 119, 128, 131, 161, 162, 178, 185 Bedford Row 46, 52, 53, 155, 156 Bryggan 29, 49, 51, 53, 80, 83, 142, 144, 152, 161, 162, 166, 171, 172 C Caregivers 18, 19, 31, 42, 51, 52, 53, 78, 89, 91, 100, 101, 108, 113, 138 Charter of Fundamental Rights of the European Union 14, 25, 26, 34 Child ambassadors 31, 56, 179 195 Child-centred visits 87, 92, 96, 99, 100, 109, 151 Children of Prisoners Research 12, 17, 20, 21, 22, 38, 41, 42, 45, 47, 49, 84, 85, 95, 100, 107, 109, 113, 115, 120, 131, 136, 139, 142, 148, 149, 156, 157, 161, 162, 165, 166, 169, 178, 182, 184, 186 Resilience 17, 19, 21, 41, 42, 43, 44, 51, 84, 89, 136 Schools 19, 41, 43, 44, 45, 46, 47, 54, 57, 58, 59, 69, 76, 77, 88, 98, 103, 123, 124, 125, 128, 130, 138, 150, 156, 167, 174, 177, 180 Shame 44, 45, 46, 57, 58, 67, 71, 88, 135, 136, 137, 155, 156, 163, 172 Stigma 15, 18, 42, 44, 45, 46, 51, 139, 163, 167, 172 Children of Prisoners Europe (COPE) 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 24, 37, 41, 44, 48, 59, 87, 89, 94, 107, 140, 161, 164, 168, 169, 174, 176, 182, 183, 185 Committee for the Prevention of Torture (CPT) 36, 113, 114 Coping 11, 17, 18, 21, 41, 42, 43, 44, 47, 50, 53, 59, 85, 87, 92, 140, 162, 163, 164, 165, 167, 169 Council of Europe 15, 30, 37, 112, 113, 114, 115, 181 E Empowerment 31, 60 European Court of Human Rights 26, 33, 36, 113 European Network of Ombudspersons for Children (ENOC) 30 European Prison Rules 26, 36, 37, 181 Exodus 123, 127, 128 chapter 8:impaginato 16-04-2014 22:46 Pagina 50

F Facilitating 58, 108, 114 Families Outside 19, 28, 58, 59, 106, 149, 150, 168, 170, 176 Family contact officer 94, 178 Fédération des Relais Enfants Parents (FREP) 151, 165, 172 Feelings 43, 44, 50, 51, 56, 68, 69, 76, 77, 80, 87, 137 Finocchiaro Law 118 Foreningen for Fangers Pårørende (FFP) 19, 45, 48, 53, 56, 57, 59, 98, 144, 161, 167, 168, 171, 178, 179 Furlough/Home leave 50, 82, 83, 104, 106, 130 I Impact 12, 17, 18, 24, 31, 33, 35, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 57, 65, 66, 67, 68, 69, 71, 72, 73, 74, 75, 78, 82, 83, 85, 87, 88, 89, 90, 91, 93, 94, 95, 102, 104, 107, 112, 113, 121, 135, 136, 137, 138, 139, 140, 142, 143, 144, 147, 148, 150, 153, 154, 160, 161, 162, 163, 166, 168, 178, 182 196 Imprisoned fathers 15, 16, 38, 74, 102, 105 Imprisoned mothers 12, 15, 16, 38, 50, 65, 74, 79, 80, 103, 108, 112, 113, 123 Imprisoned parents 11, 15, 47 Contact between children and imprisoned parents 26, 93, 141, 175 Parental rights 26, 73 Irish Penal Reform Trust 165 K Kids VIP Training 154 L Lisbon Treaty 14, 34, 35, 181 M Media 19, 58, 59, 136, 138, 166, 167, 168, 169, 171, 172, 174, 175, 180, 181, 184, 185 Mothers and babie in half-way houses 123, 124, 125, 127, 128, 129 O Ormiston Children & Families Trust 91, 95, 99 P Parent 14, 15, 17, 18, 19, 20, 21, 25, 26, 27, 29, 31, 32, 33, 34, 35, 38, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 54, 55, 56, 57, 59, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 83, 84, 85, 87, 88, 89, 90, 91, 92, 95, 96, 97, 98, 99, 100, 101, 102, 105, 107, 108, 109, 112, 120, 121, 125, 126, 135, 136, 137, 138, 139, 144, 148, 150, 151, 152, 153, 154, 156, 160, 161, 163, 164, 166, 167, 168, 171, 172, 173, 179, 180, 181, 183, 185 Parent-child 36, 46, 65, 66, 67, 68, 70, 71, 72, 74, 98, 107, 153 chapter 8:impaginato 16-04-2014 22:46 Pagina 51

Index

Parents Incarcerated mothers 123, 128 Parent education 135 Playrooms 96, 101, 122, 130, 138, 150, 151 Political prisoners 26 Prison Advice and Care Trust (PACT) 49, 95, 107 Prison personnel 80, 126 Private Family Visits 104 Q Quaker United Nations Office 11, 17, 30, 37, 161 R Red Cross 169, 172, 184 Relais Enfants Parents Belgique 101, 161, 173 Relais Enfants Parents France 50, 78, 79, 88, 89, 101, 102, 105, 127, 153, 161, 167, 171, 172, 173 Remand 47, 49, 51, 74, 79, 83, 88, 90, 92, 126, 177 Resettlement/Reintegration 20, 103, 104, 105, 107, 112, 131, 136 S Save the Children 24, 169, 172 SAVN 53, 171 197 Self-esteem 44, 67, 71, 73, 79, 88, 90, 156 Separation 26, 33, 42, 45, 46, 50, 69, 75, 78, 84, 87, 88, 95, 102, 108, 113, 114, 120, 124, 127, 136, 153, 154, 160, 161 Service Treffpunkt 54, 102, 103 Shame 44, 45, 46, 57, 58, 67, 71, 88, 135, 136, 137, 155, 156, 163, 172 Solrosen 56, 123, 129, 161 Spazio Giallo 18, 91, 95 Study circles (for parents) 76, 80, 82, 83, 142 T Telling the child/Secrets 44, 45, 49, 50, 154 Training 12, 18, 48, 53, 54, 57, 58, 59, 74, 78, 80, 84, 92, 94, 109, 112, 115, 116, 117, 122, 126, 131, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 163, 164, 166, 174, 177, 180, 181, 185 Treffpunkt e.V 53, 54, 140, 163 U UN Committee on the Rights of the Child (CRC) 11, 21, 28, 29, 30, 32, 57, 161, 162, 165, 168, 176 UN Convention on the Rights of the Child (UNCRC) 11, 14, 18, 24, 25, 26, 28, 29, 30, 31, 32, 36, 48, 91, 130, 148, 156, 162, 163, 165, 173, 176, 181 UN Day of General Discussion 11, 21, 30, 41, 47, 161, 162, 167 Universal Periodic Review 38, 49, 91, 165, 170, 175 V Visiting 224, 35, 37, 54, 81, 85, 87, 88, 89, 91, 92, 95, 97, 98, 104, 108, 112, 116, 128, 138, 144, 160, 168, 172, 179, 185 chapter 8:impaginato 11-04-2014 17:27 Pagina 52

Children of Prisoners Europe Members

Action for Prisoners’ Families: 25 Corsham Street – London N1 6DR Tel. +44 (0)207 553 7653 – http://www.prisonersfamilies.org.uk

ASBL Relais Enfants Parents Belgique: Rue de Bordeaux, 62A – 1060 Bruxelles Belgium – Tel. +32 (0)2 534 88 13 – [email protected] http://www.relaisenfantsparents.be/index.php

Associazione Bambinisenzasbarre: Via Antonio Baldissera 1 – 20129 Milano – Italy Tel. +39 (0)2 711 998 – [email protected] http://www.bambinisenzasbarre.org

Bedford Row Family Project: Lower Bedford Row – Limerick – Republic of Ireland Tel. +353 (0)61 315332 – [email protected] – http://www.bedfordrow.ie

Czech Helsinki Committee: Štefánikova 21 – 150 00 Praha 5 – Czech Republic [email protected] –http://www.helcom.cz/en/

198 Families Outside: 13 Great King Street – Edinburgh EH3 6QW – Scotland Tel. +44 (0)131 557 9800 – [email protected] http://www.familiesoutside.org.uk

Fédération des Relais Enfants Parents: 4 – 6 rue Charles Floquet – BP38 92122 Montrouge – France – Tel.+33 (0)1 46 56 79 40 – [email protected]

FFP (Foreningen for Fangers Parorende/Prisoners’ Next of Kin): P.B. 6710 St. Olavsplass – 0130 Oslo – Norway – Tel. +47 (0)22 11 41 30 – [email protected] http://www.ffp.no

Henriette Heimgaertner: Berlin – Germany – [email protected]

Kate Philbrick: 18 Turnberry Road – G11 5AJ – Glasgow – Scotland [email protected]

Lucy Gampell: London – UK – [email protected]

NIACRO: 4 Amelia St – Belfast BT2 7GS – UK – Tel. +44 (0)28 9032 0157 [email protected] – http://www.niacro.co.uk

Niños sin Barreras: Barcelona – Spain – [email protected]

Office of the Ombudsman for Children: Teslina 10 – Zagreb – Grad Zagreb 10000 Hrvatska – Croatia – Tel. +385 (0)1 4929 669 – [email protected] (Contact Maja Šupljika) http://www.dijete.hr chapter 8:impaginato 11-04-2014 17:27 Pagina 53

Children of Prisoners Europe Members

PACT: Park Place – 12 Lawn Lane – Vauxhall – London SW8 1UD – UK Tel. +44 (0)20 7735 9535 – [email protected] http://www.prisonadvice.org.uk

Relais Enfants Parents: Rue de Bordeaux 62A – 1060 Bruxelles – Belgique Tel. +32 (0)2 534 88 13 – [email protected]

Relais Enfants Parents Romands: Rue du Tunnel 1 – 1005 Lausanne – Suisse Tel. +41 (0) 22 310 55 51 – [email protected] http://www.carrefour-prison.ch/Organisation

Ria Wolleswinkel: Universiteit Maastricht – Faculty of Law – Department of Criminal Law and Criminology – Postbus 616 – 6200 MD Maastricht – Netherlands Tel. +31 (0)43 388 32 96 – [email protected]

Riksbryggan: Drottninggatan 38 – 652 25 Karlstad – Sweden Tel. +46 (0)8-40026121 – [email protected] – http://www.riksbryggan.se

Service Treffpunkt: 19 rue Pasteur – L - 3543 Dudelange – Luxembourg Tel. +352 (0)547 163 600 – [email protected] 199

Solrosen: Andra Långgatan 29 – 413 27 Göteborg – Sweden – Tel. + 46 (0)31712 1314 [email protected] – http://www.raddningsmissionen.se/verksamhet/solrosen

Treffpunkt e.V.: Fürther Str. 212 – 90429 Nürnberg – German Tel. +49 (0)911 27 47 690 – [email protected] http://www.treffpunkt-nbg.de copertina def 1:copertina esterna 11-04-2014 17:53 Pagina 1

i change for this group of children, it revolves around seven

l Children of Imprisoned Parents

rated from an imprisoned parent each year. Yet few peo - d broad themes:

ple are aware of the impact that a parent’s incarcera - r • The legal framework: international and European e

tion can have on a child. Children of Prisoners Europe n conventions, national law, maintaining family ties and

(formerly Eurochips) is a European-wide network which the best interests of the child o

encourages innovative perspectives and practice to f • The impact of parental imprisonment on children and

and healthy development . With the longstanding sup - r

i • How children can maintain contact with an

port of the Bernard van Leer Foundation, the network is s

o imprisoned parent a membership-based organisation made up of non-gov - n • Mothers and young children in prison

ernmental organisations and individuals across Europe e • Training, tools and methodologies to help reduce the and beyond, linked by a staff team based at its Paris d

r children with imprisoned parents

ic needs of children of prisoners and promoting initia - e