2.5.2
The detention conditions of women imprisoned with their children have not
progressed all that much
In its 2013 opinion, the CGLPL had also indicated that, when it has not been possible to avoid
imprisonment, the obligations incumbent upon the public authorities with regard to the mode of
organisation of the life of the mother and child in prison have the objective of:
-
Helping the mother to effectively take care of the child;
-
Refraining from any measure which could harm the normal development of the child;
-
Facilitating relations between the child and its parents, including its father, at least on
the assumption that the latter has legally recognised the child, as well as with the rest of
the family;
-
Not allowing any of the child’s vital needs to remain unsatisfied;
-
Ensuring that the ordinary public childcare services play their full role, in the health and
social fields in particular.
It had further been pointed out that the risks posed in terms of security of persons by
mothers who are imprisoned with their child – such as the risk of escape – were evidently less than
those posed by another prisoner.
As such, the Chief Inspector had recommended a certain number of physical measures
concerning the fitting out of accommodation facilities for mothers imprisoned with their children
and their detention conditions. In this regard she had recommended:
-
separate, specially laid out areas for going outside;
-
the fitting out of cells with two separate spaces, with no bars and gratings a nd in an
impeccable state of cleanliness;
-
the possibility of washing laundry and cooking independently;
-
the possibility of the mother holding phone conversations with the health and social
services with responsibility for children;
-
a childcare system enabling the mother to access activities;
-
the consideration of the mother's obligation to bear the financial costs of her child's
needs;
-
the safeguarding of an external care arrangement for the child for all of his or her health
and social needs;
-
that the mother can have contact with the father of her child, especially during
childbirth;
-
a policy to search the child, when this proves strictly necessary, solely by his or her
mother and excluding any contact on the part of the prison staff with the child.
On all of these points, the information provided by the prison administration in 2016 does
not demonstrate that satisfactory progress has been made:
-
the "nursery" spaces are not always systematically equipped with telephone booths;
-
fitting out of cells and outdoor areas remains disparate, even if measures have been
taken in new institutions to comply with the CGLPL's recommendations;
-
the effectiveness of the partnership between the prison administration and the external
health and social services remains disparate and, according to the prison administration
itself, needs working on.
64
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