Right to maintain contact with family
119.
The assessment of a child’s best
interests applies also to whether a child is
permitted to maintain personal relations and
direct contact with their parents, as far as
possible. When separation is judged to be in the
best interests of the child and necessary, the child
has the right to maintain linkages and relations
with their parents and family, including siblings,
relatives and persons with whom the child has
strong personal relationships, unless it is not in
the child’s best interests.234 States should assess
the quality of each child’s relationship with their
parents in decisions concerning the frequency or length of visits if it is determined to be in
the child’s best interest to continue their family
relationship.235
Right to information concerning the parents
120.
Even when separation is deemed to be
in the best interests of a child, the child has
the right to information concerning the parents.
Thus, the child should be informed, to the extent
possible, of the whereabouts of the absent parent
“unless the provision of the information would be
detrimental to the well-being of the child”.236 Such
information should be provided in a language
that can be fully understood by the child.237 As
summarized earlier, a child, whose separation
234 Convention on the Rights of the Child (1989), art. 9(3);
Committee on the Rights of the Child, general comment No.
14 (2013), section V, para. A(1)(c).
235 Committee on the Rights of the Child, general comment
No. 14 (2013), section V, para A(1)(c).
236 Convention on the Rights of the Child (1989), art. 9(4).
237 Committee on the Rights of the Child, Report and Recommendations of the Day of General Discussion on “Children
of Incarcerated Parents” (2011), available at www.ohchr.org/
Documents/HRBodies/CRC/Discussions/2011/DGD2011ReportAndRecommendations.pdf, para. 44.
is determined to be in his or her best interests,
still has the right, to the extent possible, to maintain personal relations and direct contact with
both parents on a regular basis, except if such
contact is contrary to the child’s best interests.238
Considerations for children separated because of
parents’ detention or incarceration
121.
Children separated from their parents due
to their parents’ detention or incarceration may
require additional protection, including from stigmatization.239 To begin with, in cases in which the
parents or other primary caregivers are accused
of a crime, alternatives to detention should be
made available and applied on a case-by-case
basis, with full consideration of possible impacts
of different sentences on the best interests of the
concerned child.240 When detention or imprisonment of a parent cannot be avoided, States should
provide support to children to prevent the risk of
violence that they may be exposed to owing to
the parent’s situation, acknowledging the
complementary roles of the criminal justice
system, child protection agencies, health,
education and social service sectors.241 That
may also require States to address the
responsibility of the media and to enforce
legislation to protect the right to privacy of those
children and prevent their stigmatization.242
238 Committee on the Rights of the Child, Report and
Recommendations of the Day of General Discussion
on “Children of Incarcerated Parents” (2011), para. 33.
239 Ibid., para. 35, citing Convention on the Rights of the
Child (1989), art. 9(3).
240 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 69.
241 A/RES/69/194, para. 23(h).
242 Committee on the Rights of the Child, Report and Recommendations of the Day of General Discussion on “Children
of Incarcerated Parents” (2011), para. 36.
55.