consideration.416 The assessment should consider the implications on the child’s right to development and their right to family life, among others. Deprivation of family care or long-term disruptions to relations or separations may have serious implications on the child’s right to development, as well as his or her actual development.417 At the same time, children suffer irreparable psychological harm when in detention or situations of restricted liberty. They are more vulnerable during detention, and girls in particular are at risk of violence.418 196. States should give due consideration to circumstances in which the best interests of the child may be better fulfilled by living with the parent in detention. Such due consideration should encompass the overall conditions of detention, including services available to the child while in detention, availability and willingness of family members to care for the child and the quality of care outside of detention, as well as the particular need for parentchild contact in early childhood.419 At the same time, the decision to detain a child with his or her parent should be regularly reviewed by judicial authorities, particularly when the investigation or sentence is lengthy. Should it be decided that the best interests of the child are better ful- 416 Committee on the Rights of the Child, Report and Recommendations of the Day of General Discussion on “Children of Incarcerated Parents” (2011), para. 33; UNODC, the Bangkok Rules Commentary (2011), rules 49-52. 417 Committee on the Rights of the Child, general comment No. 7 (2005), para. 36(b). 418 UNODC, Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups (2017), 98. 419 Committee on the Rights of the Child, Report and Recommendations of the Day of General Discussion on “Children of Incarcerated Parents” (2011), para. 37; UNODC, the Bangkok Rules Commentary (2011), rules 49-52. 90. filled by removing the child from detention, it is of utmost importance that the separation from the parent be explained carefully in age-appropriate language that children understand, and that they are prepared and handled with extreme care. (See chapter 3 on preserving family unity.) Example from Belgium—The best interests of the child Under Belgian law, detained mothers may keep their children with them up to the age of 3 years. This rule applies both to children whose mothers are arrested, convicted and imprisoned and children born in prison. The request must always come from the mother herself. In principle, the decision on whether to allow the mother to do so rests with the prison director. According to the regulations, the prison director may not refuse to allow a woman to be accompanied by a child who is dependent on the mother’s care. The best interests of the child are the main criteria in making this determination. If issues arise, the case can be referred to a judge who specializes in juvenile affairs who will make a final decision on the placement in the best interests of the child. Several prisons (Bruges, Berkendael and Lantin) have specific facilities for the care of infants. Theoretically, the rule also applies to fathers, but given the lack of specific infrastructure in male institutions, in practice, a child cannot accompany his or her father.

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