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ALL OVER THE world women go to prison in far fewer numbers than men, but the number of women in prison is rising. It is not known how many children have been born or who have spent time with their mothers in prisons around the world.
International human rights law has given some attention to the question of women prisoners who are pregnant or who have children, though bespoke standards for women are still something of a novel development. The European Prison Rules contains a section on women prisoners, and states that prisoners shall be allowed to give birth outside prison, but where a child is born within a prison the authorities shall provide all necessary support and facilities.
Support for women with children in custody
The Council of Europe’s Parliamentary Assembly has also published a Resolution in 2009 concerning women prisoners. This Resolution is quite comprehensive and calls on states to ensure that, in situations where babies and young children in prison with their mother have to be separated from her, this should be done gradually so that the ‘process is as painless and non-threatening as possible’.
It further provides that states should ensure that mothers in custody are placed in prisons within a reasonable distance and travelling time of their families. The Resolution also seeks to encourage states to ensure that children staying in prisons with their mothers be given access to crèches outside prison, and that women are never shackled or restrained while pregnant or during or immediately after childbirth. This Resolution builds on another from 2000 which deals specifically with mothers and babies in prison.
States are also encouraged to develop small-scale units with social services support for mothers in custody, where children can be cared for in a child-friendly environment.
How long can a child remain with its mother?
Practice varies across the world regarding how long a child can spend in prison with his or her mother. In Ireland, rule 17 of the Prison Rules 2007 states that a child of less than 12 months of age may be admitted to prison and remain with the mother to facilitate breastfeeding until the child reaches 12 months of age. This also applies when a woman gives birth during the term of her imprisonment.
A child in these circumstances may only be removed from the care of his or her mother on the order of a court or where the mother of the child consents, and only after the prison doctor and other healthcare professional have been consulted. It is only in exceptional circumstances that a child over the age of 12 months may remain in prison.
Non-custodial options
The United Nations’ General Assembly adopted the ‘United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders’, known as the Bangkok Rules in 2011. These Rules also emphasise a need for non-custodial options for women and the importance of contact between imprisoned women and their children.
The Rules also prohibit the use of close confinement or disciplinary segregation for pregnant women, women with infants and breastfeeding mothers, and state that disciplinary sanctions for women should not include a prohibition on family contact, especially with children.
Rule 25(2) provides that women prisoners who have been subjected to sexual abuse, and especially those who have become pregnant as a result, should receive appropriate medical advice, counselling, physical and mental health care, support and legal aid.
Health and diet
Rule 48 deals with pregnant or breastfeeding women prisoners who should receive advice on their health and diet, along with adequate and timely food, a healthy environment and regular exercise opportunities free of charge. Women should not be discouraged from breastfeeding unless there are specific health reasons to do so.
Rule 51 states that children living with their mothers in prison must be provided with ongoing health-care services and that the environment provided for such a child’s upbringing should be as close as possible to that of a child outside prison.
International human rights law places a very clear emphasis on the importance of supporting breastfeeding and contact between a mother and her child in the early stages of the child’s life. However, importantly, those norms also encourage states to follow a non-custodial approach for women generally, and particularly in circumstances where they are the primary care-giver to children.
The consequences for families and communities
The need for a non-custodial approach for women who are pregnant or with children is all the more pressing in light of the consequences for families and communities when women go to prison. Not least amongst these consequences is the effect of visiting a parent in prison, which as the Irish Penal Reform Trust has documented, is sadly often a negative experience.
It is also of note that the law concerning women in prison usually constructs the female prisoner as a parent or views her through the prism of particular hygiene and health needs. While a gender-informed approach is essential, the experiences and circumstances of women prisoners are not homogenous. Much more research is needed into what is most required by and effective for women who are pregnant or parenting in or from prison, which should inform the legal instruments created in an effort to regulate these complex issues.
Dr Mary Rogan is the Head of Law at Dublin Institute of Technology. She writes on prison policy, prison law and prisoners’ rights, with a particular focus on the European Convention on Human Rights. She is a barrister and the Chairperson of the Irish Penal Reform Trust, Ireland’s leading NGO campaigning for penal reform. She is the author of Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment (Routledge, 2011) and Prison Law (Bloomsbury, 2014).
This post first appeared on Perceptions of Pregnancy. Perceptions of Pregnancy is an international and interdisciplinary network for researchers working on fertility, pregnancy and childbirth from the earliest times to the present day.
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Meh.
A watch that you have to charge daily ?
Just not practical. Why bother when you have your phone with you.
Which, depending on usage, you may have to charge daily.
I’m not convinced by any of these smart watches. What’s wrong with a “Thick as two short planks” watch? Stick a battery in, last couple years, and it tells the time.
That’s why you never but first generation of a new product. I’ll consider the third or fourth version
Better still, buy an automatic mechanical watch and you’ll never have to get a battery for it. And it’s kinda cooler when you think of this little engine running on your wrist.
Or a solar powered version , mine works great and automatically corrects its self each night with wave receptor. I expect it to our live me.
I just don’t get smart watches. I wouldn’t want to charge my watch every day. Not only that, but I prefer a normal watch. It’s more stylish!
I picked up a Samsung Gear fit last year for 100 quid when upgrading my phone. I wasn’t convinced when I got it but I have to say, I really like it now.
I’ve to charge it every 4 days or so overnight, which isn’t a hassle and nowadays, with the notifications that appear on screen I never take my phone from my pocket unless it’s something I need to reply to. Also, I hadn’t worn a watch in years and paying 100 for a watch doesn’t seem foolish.
It’s worth noting most of what I’ve said said above does not apply for the Apple watch…
Brave. Lol. Anti-Apple troll with very weak argument! You just could not resist…
If you say so, but I’m replying from my iPhone 5S while my 2011 MacBook Pro is beside me so your point is invalid, pal.
I can’t see myself buying one of these gadgets.
Is it just me or do all the straps look hideous?
It’s just you. Soz.
I was thinking the opposite, Neal.
I’m not a fan of rubber straps (stoppit!) but I think the colourful ones look good. The cheaper versions look better than the metal ones. It’s not a great looking watch at all though. I think some of the other smart watch offerings from other companies are streets ahead.
That said I still wouldn’t buy one. I’d never remember to charge the f’ing thing!
It looks more Fisher Price than Apple.
I’ll stick with my Breitling thank you very much!
Breitling is probably one watch brand which is even more vulgar that the Apple Watch, truth be told.
I like most of their styles, A few of the over the top ones are tacky.
The best way to have a jab at someone wearing a Breitling watch is to look at them assumingly and say, ‘Oh cool, so do you own your own plane or have a fractional lease?
Very good!
I find them far too blingy. Most of the bracelets are polished which just screams! I kind of like the Superocean though, but only on the “chain-link” type strap. The Navitimer is a bit of an horological masterpiece, but it’s too big for me.
Personally I love mechanical watches, I have several from different companies. I don’t see anything vulgar about them. But each to their own I guess!
I love mechanical watches too David, just not Breitlings. That was my point. I have some great automatics which I love and wouldn’t swap for an Apple Watch in a million years.
I agree about the bracelets on most of their models. I have the Navitimer 01 on black leather strap. I love it. I don’t think I’d ever buy the Apple watch, I prefer the old fashioned mechanical ones.
Probably because they are nothing special . Maybe the apple fanatics are finally copping on. There are much better looking / more functional smart watches out there .
Where can I buy the gold watch for 1200 euro ? I see a killing to be made.
Arrived this morning at 7am.
Don’t know what they’re saying there’s major fanfare everywhere and on all the social media sites here.
Though I do have to laugh… I wanted to try the fitness application because I’m concerned about my weight. Maybe try going to the gym then instead of spending two days outside the Apple Store.
You could also buy a weighing scales and weigh yourself after a brisk walk each day. Worked for people way before apple thought of this genius idea.
1 day battery life on a watch… haha funny that! Apple have said it needs to be re-charged nightly.
iRubbish for iFools.
iShutup
Ok hang on a second. This whole fitness thing. If i buy an Apple Watch and go for a run do i need to bring my iPhone with me? If so then whats the fuppin point father!!
And today’s Father Ted comment comes from…..
Pointless. But then, I had a manager 15 years my senior call me ‘old school’ for wearing a watch recently (instead of using my phone as a clock).
My watch charges itself on the kinetic energy of my moving arm. Why would I want a want a watch that needs to be plugged in every night? To show me the notifications I’m missing on my phone?
I stay in hotels at least once a week on average, 95% of which don’t have a plug near the bed. This would spend more time out of power than in power for me.
Smart phones are really just trying to force a gadget revolution where one isn’t needed. If I’m going to have wearable tech then I expect it to do something a little more, and at least convert my motion into energy.
I do own a GPS watch, but its for running, and doesn’t need to be any ‘smart’er than it is.
The gloss has been taken off Apple Down Under following revelations 2 weeks ago before a Senate Inquiry
the Apple Australasia is a subsidiary of Apple Ireland and that Apple uses the “Double Irish” to aggressively
minimise its Aussie tax. And by the look of it, Ireland’s reputation also took a body blow.
Apple is on the nose in Aus since a Senate Inquiry Down Under 2 weeks ago revealed that Apple may
not be a good corporate citizen-taxpayer due to a complicated supply arrangements via Ireland which
permits it to aggressively minimise its Australian tax. This has stunned many loyal Apple users down here.
They don’t mention that in order for the watch to work – you have to have the expensive iPhone also to connect it too.
Thanks but no thanks. 70%+ of Apples stuff comes from their genuine rival Samsung. Google it of you think this is false.
If I want something expensive in my life, I would (if I had rock in the head) vote for FG and Labour again in 2016 – not buy this over-priced stuff.
People complaining about having to charge it every day seem to be oblivious to the fact that watches and clocks used to have to be wound up every day.
have your say