Les nourrissons vivant auprès de leur mère incarcérée au centre pénitentiaire des femmes de Rennes entre 1998 et 2013. Constats et perspectives

Are custodial-based mothers and children's units evaluated, effective and aligned with a human rights-based approach? – a systematic review of the evidence

“…Article 30 of this Charter deals with children of imprisoned mothers -United Nations (2008) -Guidelines of the National Law 26,472 of Home Prison for Pregnant Women and Mothers. 1 4 Mother and child separation policies 25 , 27 , 57 -UNCRC Article 9 2 1 Policies supporting M&Cs 31 , 46 , 54 -Law No. 11.942/09 -Section 20 of the Correctional Services Act 111 of 1998 of South Africa -HM Prison Service, 2008 1 2 Right to health 31 , 32 , 35 , 39 -Sustainable development goals (SDG 3, 5 and 16), -Nelson Mandela Rules -Bangkok Rules -(A/RES/70/175), -United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (A/RES/65/229).…”

“…2 ). Three specific theories were most commonly referenced: attachment theory, 25 , 28 , 29 , 30 , 33 , 38 , 41 , 42 , 43 , 46 , 48 , 49 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 fundamental human rights and the best interest principle, 26 , 27 , 30 , 31 , 32 , 35 , 40 , 46 , 47 , 48 , 51 , 56 , 57 , 58 , 60 , 61 and gender responsive strategies. 25 , 46 , 55 , 57 , 59

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“…Eight publications from OECD countries and seven from non-OECD countries discuss the importance of these principles and their link with national and international laws and Sustainable Development Goals (3, 5 and 16). Three main themes relating to fundamental human rights and the best interest principle underpinning M&Cs were identified in the included publications: Children have the right to have their mother act as their primary carer while mothers have the right to protect and care for their children 30 , 32 , 35 , 48 , 51 , 57 , 60 , 61 A child should only reside with their mother in prison if this decision is in the child's best interest, as residing in a prison setting has the potential to compromise that child's needs and rights 40 , 46 , 51 , 56 , 57 , 60 , 61 It is in the child's best interest to reside with their mother unless there is evidence to the contrary (e.g., evidence that residing with their mother may cause harm to the child) 27 , 51 …”

The Correctional Services Canada Institutional Mother Child Program: A Look at the Numbers

“…Supportive community-based housing models may be an alternative (Goshin, 2015). In France, alternatives must always be considered before the incarceration of pregnant women or mothers of young children (Blanchard et al, 2018).…”

“…In a study of 100 infants in an MCP, Byrne et al (2012) found the most common reasons for a child to be separated from their mother after participation was due to the child being removed by CPS or the child reaching the program age limit. Among the children in the French study by Blanchard et al (2018), at discharge from the program, 40% of the children were removed from their mothers by CPS. As Haney (2013) explains, "what began as a promising alternative to punishment morphed into its own form of power and control" (p.107).…”