if so desired; the current Prisons Act provides for the compulsory filing of such documents at the
registry; yet, the conditions of operation of the latter do not provide any better guarantee of the
necessary confidentiality. It should therefore be possible to choose between either keeping
personal documents in the cell or in the registry. However, in the latter case, confidentiality needs
to be guaranteed by appropriate practical means. The possibility of making copies should be
provided, without any possibility of the amount chargeable to the prisoner being greater than
their production cost.
Under the conditions of the Act of 17th July 1978 (access to administrative
documents and reuse of public data), of which nobody has ever disputed
the applicability to prisons, every prisoner has the right to examine certain
administrative documents.
Today in France, it is particularly shocking to ascertain that prisoners cannot gain access
to the established texts governing prison conditions. The Journal Officiel cannot be found in prison
libraries, nor can any substitute thereof or compendium of circulars. The passing on of official
texts is not organised by the prisons administration department, other than in the form of
department memoranda (poorly) displayed in passageways. As a result, prisoners do not, for
example, have the benefit of the right, to which every citizen is entitled, to dispute the legality of
texts applicable to them before a judge: once again, no provision has ever been made that this
right should not apply to prisoners.
It is time for prisons to bring themselves into line with legal norms under
ordinary law with regard to the texts applicable to them and access to
administrative documents generally speaking. The opinion indicates ways
and means of achieving this.
1.2.3 Mothers and Young Children in Prison
Current rules authorise imprisoned mothers to keep their children with
them until they reach eighteen months of age6. This constitutes a
compromise, unsatisfactory by its very nature, between the double necessity
of not separating children from their parents7 and the prohibition – except
in case of absolute necessity – of imprisonment of children8, above all, as in
the scenarios described below, when they are indeed entirely without blame.
This possibility comprises two different scenarios: imprisonment of a mother
accompanied by a young child and imprisonment of a pregnant woman who then gives birth to a
child9. The first case is extremely rare (in general more or less suitable alternative solutions are
found); the second is therefore the more frequent of the two scenarios. It applies to several
dozen cases every year, the terms of which are governed by a circular of April 1999. The opinion
comes after meticulous inquiries by the Contrôle Général in three of these institutions10.
There are inadequacies in the practical facilities possessed by the institutions, which
present very different situations. Some of the latter flout the provisions of the circular of 1999,
including in recent establishments. The least well-equipped are the “nurseries” comprising few
6
Until 4 years of age before 1945.
Cf. in particular articles 3 and 18 of the Convention on the Rights of the Child of 20th November 1989,
applicable in France.
8
Article 37 of the same Convention.
9
Out of 2,017 women imprisoned at 1st October 2012, 1,751 (87%) were 50 years of age or older and 1,317 (65%)
40 or younger.
10
Consultable on the cglpl.fr website.
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