4. Ante-natal, post-natal and child care
The detailed nature of this section should not be understood as an endorsement by the CPT of the
imprisonment of pregnant women or mothers, with or without their young children. On the
contrary, the Committee has, for instance, specifically recommended that alternatives to
detention be imposed in respect of pregnant girls and juvenile mothers.31 This section outlines the
minimum standards to be observed in the event that such non-custodial alternatives are not
applied, and pregnant women or mothers – with or without their children – remain in prison.
Every effort should be made to meet the specific dietary needs of pregnant women in
prison who should be offered a high protein diet, rich in fresh fruit and vegetables.32
It is obvious that babies should not be born in prison, and the usual practice in Council of
Europe member states seems to be to transfer pregnant women prisoners to outside
hospitals.33 Nevertheless, from time to time, the CPT encounters examples of pregnant
women being shackled or otherwise restrained to beds or other items of furniture during
gynaecological examinations and/or delivery. Such an approach is completely
unacceptable, and could be qualified as inhuman and degrading treatment. Other means of
meeting security needs can and should be found.34
Breastfeeding mothers should be provided with supplementary food according to existing
guidelines for this category of women.35
Many women in prison are primary carers for children or others, whose welfare may be
adversely affected by their imprisonment. One particularly problematic issue in this context
is whether – and, if so, for how long – it should be possible for babies and young children
to remain in prison with their mothers. This is a difficult question to answer given that, on
the one hand, prisons clearly do not provide an appropriate environment for babies and
young children while, on the other hand, the forcible separation of mothers and infants is
highly undesirable.36
The governing principle in all cases should be the welfare and the best interests of the
child. This implies in particular that any ante- and post-natal care provided in prison should
be equivalent to that available in the outside community.37
In prison, the right to motherhood should not be infringed upon more than is required by
security considerations and the safety of the child. Good contact between mother and
child is in the interest of both of them. It can assist the rehabilitation of the prisoner and
the development of her ability to assume responsibility for herself and her child. Mothers
in prison should, therefore, be accommodated together with their babies after delivery and
be encouraged to breastfeed (unless there are valid medical reasons to the contrary).38 It
could be considered as inhuman and degrading for a child to be removed immediately from
a mother after birth. A mother and child should be allowed to stay together for at least a
certain period of time.39
24th General Report on the CPT’s activities, paragraph 117. See also Rule 64 of the “Bangkok Rules”.
10th General Report on the CPT’s activities, paragraph 26.
33 Ibid., paragraph 27.
34 France: 1991 visit, paragraph 90; 10th General Report on the CPT’s activities, paragraph 27.
35 Romania: 2014 visit, paragraph 99.
36 10th General Report on the CPT’s activities, paragraph 28.
37 Ibid., paragraph 29; United Kingdom: 1990 visit, paragraph 124; Spain: 1994 (April) visit: paragraph 136.
38 Russian Federation: 2001 visit, paragraph 89.
39 Luxembourg: 1993 visit, paragraph 44; see also Czech Republic: 2014 visit, paragraph 82.
31
32
5