Guiding principles

The rights of the child and the principle of the best interests of the child must be respected at all times

Recommendation 1: The specific vulnerabilities of children of incarcerated parents must be considered and taken into account. These children have rights and those rights must be protected. Children should not be discriminated against because of the actions of a member of their family or for any other reason. The best interests of the child must be considered explicitly in all decisions that affect these children (Convention on the Rights of the Child, Article 3). These children must be provided with the opportunity for their views to be heard, directly or indirectly, in relation to decisions which may affect them (Article 12).

Guiding principles

Children of parents in conflict with the law require special attention

Recommendation 2: The children of parents in conflict with the law have the same basic needs as any other child, but they face different challenges due to the situation of their parents and, generally speaking, the negative social reaction to persons in conflict with the law and their families. These children are at risk of being ostracized and stigmatized by people around them, being victimized in various ways, or developing behavioral problems (including finding themselves in conflict with the law). These risks are real and should be kept in mind, but not overly dramatized so as to avoid further stigmatizing children. Most importantly, the needs and circumstances of these children must be taken into account to provide them with opportunities comparable to those of other children and parents.