122.
In relation to the incarcerated parent,
children have the right to regularly visit their
parent(s), as long as it is in their best interests.243
To ensure that the child can exercise the right to
visit his or her parent, it is recommended that
the parent be detained in a facility close to the
child.244 Again, in a case in which repatriation is
involved, it is strongly encouraged that the
parent and the child be repatriated together so
that, even if the parent is detained, maintenance
of family links remains likely. Wherever possible,
visits to the incarcerated parent should be
undertaken in a child-friendly environment. This
includes visiting times that minimize the interference with the child’s life, such as non-school
hours, and visit durations conducive to building
or maintaining strong relationships.245 There
should also be the possibility of visits outside the
detention facility to facilitate parent–child bonding in a child-friendly environment.246 In cases in
which the parent is detained far from the child’s
location, there should be measures to address
disadvantages caused by such a distance.247 That
may include allowing alternative means of communicating, including through telephone, videoconference and other means of communication.
243 Ibid., paras 38–39.
244 Ibid., para. 40.
245 UNODC, Commentary to the Rules for the Treatment
of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules)(2011), available at www.
unodc.org/documents/justice-and-prison-reform/Bangkok_
Rules_ENG_22032015.pdf (the Bangkok Rules Commentary),
commentary on rule 26.1; Committee on the Rights of the
Child, Report and Recommendations of the Day of General
Discussion on “Children of Incarcerated Parents” (2011), para.
39.
246 Committee on the Rights of the Child, Report and Recommendations of the Day of General Discussion on “Children
of Incarcerated Parents” (2011), para. 39.
247 General Assembly, resolution 65/229 (2010), Rules for
the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), rule 26.
56.
Example from the Netherlands—
Maintaining family relations
In the Netherlands, the Child Protection
Board considers it important for children who
are cared for outside prison to be allowed
to maintain their relationships with their
detained parent(s). To realize this, one
possible measure is recording a mother
reading a bed-time story and sending it to
her child. The Dutch system allows a child to
visit his or her parent in prison every week,
accompanied by a family member
or a guardian.
Example from Tunisia—Preparation
for separating a child from the
mother in prison
In Tunisia, in cases in which a child is to
be received by his or her parent’s family,
officers undertake several visits to the
family members who are to receive the child
before the child is removed from the mother
in detention in order to ease the transition
of the child from the prison to the outside
world. In cases in which the child is to be
received by a national institution, psychologists monitor the child’s psychological status.