Alternatives to detention 197. Generally, alternatives to detention and imprisonment should be available and applied when parents or primary caregivers are accused of committing an offense. This should be done in consideration of the possible impact of different custodial and non-custodial measures on the best interests of the affected child.420 The preference for non-custodial measures should be applied not only in terms of sentencing, but also in the pre-trial and trial phases.421 Non-custodial measures may include house detention, mother-child houses, community service, probation and suspended sentences. Such measures would save affected children from enduring adverse implications from their parents’ detention, including their own possible detention.422 198. Non-custodial sentences are especially be preferred for pregnant women and women with dependent children.423 States should make efforts to keep such women out of detention, with due consideration to the seriousness of the offence at issue and the risk to the public.424 The preference for non-custodial measures for pregnant women and mothers with young children also exists at the regional level. For example, the African Charter on the Rights and Welfare of the Child (1999) provides that a non-custodial sentence should always be considered first and alternative measures to institutional confinement should be established and promoted for such mothers.425 The Council of Europe has also recommended avoiding custodial sentences for pregnant women and developing and using communitybased sentences for mothers of young children.426 Example from Morocco—The right to leave detention In Morocco, article 46 of the Penitentiary Centre Law provides the right to leave the penitentiary centre not only for children, but also for mothers once they serve more than half of their sentences. They can leave the centre and stay with their families for 10 days to maintain family relations. This visit system can also be used for other purposes, such as cultural events and education. 7.2 Key Recommendations 199. The following are recommended: Avoiding deprivation of liberty 420 Committee on the Rights of the Child, general comment No. 14 (2013), para. 69. a. Deprivation of liberty is generally not in the best interests of the child. If used, it should only be used as a last resort because other measures were tried and failed or there are no other less restrictive alternatives. It should be for the shortest period possible and in the least restrictive setting. 421 Committee on the Rights of the Child, Report and Recommendations of the Day of General Discussion on “Children of Incarcerated Parents” (2011), para. 30. b. Adhere to prohibition of arbitrary detention under international law. All detention must 422 UNODC, the Bangkok Rules Commentary (2011), rules 57-58. 423 The Bangkok Rules (2010), rule 64. 424 Ibid.; Human Rights Council resolution 10/2 (2009), human rights in the administration of justice, in particular juvenile justice, para. 13. 425 The African Charter on the Rights and Welfare of the Child (1999), art. 30. 426 The Council of Europe, Parliamentary Assembly Recommendation 1469 (2000), on mothers and babies in prison. 91.

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