places (one or two) in women’s “wings”. However, overall, no significant shortcomings were
noted.
On the other hand, three factors are more tricky to implement and give rise to difficulties.
The first of these involves the prison regime applicable to mothers and their young
children. On the one hand, it is senseless to apply the same level of precaution to them as to
ordinary prisoners: why install gratings on the cell widows, at the risk of submerging the latter in
permanent half-light? Insofar as possible, excessive visibility of instruments of constraint should
be avoided (grilles in passageways). On the other hand, how far should mothers and their
children (who are not prisoners) be separated from the rest of the prison? Childbirth means
profound solitude for the mother, who is separated from her companions (they take exercise
alone for example), except insofar as there are other mums in the “mothers-children” wing.
The second concerns the mother’s resources. Prison material assistance consists of
covering a minimum of costs (food). The mother has to “canteen”11 baby hygiene products, for
example. Yet, very often, whether willingly or not, she is no longer able to work and no longer
has means of her own. She can claim benefits from the social security office, but these are
sometimes delayed or not applicable (foreign nationals without residence permits).
For this reason the third aspect, concerning relations between the mother-child couple and
the outside, is decisive. Ties with the father (if they exist) need to be ensured, in the name of the
right to respect for family life; as well as with the rest of the family. The health and education of
the child need to be protected. Finally, preparations need to be made for the time when the child
will leave the prison on reaching eighteen months of age (if the mother is not yet released). For
this reason the existence of such young children in prison presupposes close liaison with the
health and social authorities, including the public healthcare institutions and territorial authorities
(French communes and departments) in particular. On this point, the realities vary widely from
one prison to another. Positive experiences exist, but it is up to the administration to organise the
distribution thereof and bring such practices into general use. The future of these children and,
therefore, at least in part, that of their mothers, depends upon it.
2. The Recommendations contained in the Inspection Reports
sent to Ministers
The Act (article 9, first paragraph) places an obligation upon the Contrôleur
Général to inform the ministers concerned of his observations at the end of
each inspection. The ministers may make comments in response to these
observations whenever they deem necessary or when the Contrôleur Général
expressly requests.
From the outset, the habit was established, on the one hand, of not sending the
observations alone to the executive, but also the report recording the inspection on which the
latter are based; and on the other hand, of systematically requesting that the ministerial authorities
make known their point of view.
For this reason each inspection is followed, sometimes after a long interval12, by the
sending of two separate documents to the ministers concerned: the inspection report itself, the
11
“Cantiner”, that is to say to buy from outside using their own resources.
Since 2008, the number of inspections conducted, the obligations arising from the drafting of the documents and the
process of inter partes exchanges with the institution, followed by the double proofreading of the reports, have
regularly led to lengthening of the time required for completion of the procedures. The reports for inspections
12
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