during the monitoring mission. Separation of mothers and children after the latter
reach the age of 3 is a critical problem.173 Existing procedures are particularly painful
for both children and their mothers. In order to protect the best interest of the child,
it is crucial to ensure that the system will ease the procedures for children leaving the
institution at the age of three. Separation should be flexible and needs based rather
than rigid as the child’s best interest must be the first priority while making such
decisions.174
Women prisoners must be able to undertake various measures to ensure guardianship
of their children. The Bangkok Rules stipulate the possibility for a parole within
reasonable timeframe. A balance between the child’s best interests and public
interests promulgated by a penitentiary system must be the priority while making any
decision.175
It is worth noting that female convicts placed in a building designated for convicted
mothers often complain about the lack of products to prepare adequate meal
for themselves and their children. There are cases when they take food for other
prisoners. According to the staff working in the canteen explained that mothers are
due a prisoner’s allowance, but they often turn it down. It is important that issues
related to child nutrition are in line with the existing standards of the country as the
State is responsible for taking care of children who are placed in a state institutions.
Authorities must ensure that women prisoners have maximum contact with the
outside world. In this regard, it is important that female prisoners enjoy the right to
long term visitations exercised by male inmate. These issues are dealt in detail in a
sub-chapter dedicated to long term visitations.
According to the UN Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules) prison administration must
acknowledge that women prisoners representing various religions and cultures
have specific needs.176 Prison administration should ensure the availability of
those programames and services which meet the special needs. A process of the
development of such programmes must be designed in a participatory manner with
an active participation of beneficiaries.
A prison environment should be comfortable rather than disturbing for such prisoners.
Understandingly, a prison may cause discomfort in general but the environment
should not violate religious or other beliefs or restrict beyond reasonable limits. It
must be kept in mind that women prisoners do not have only gender-specific needs
and therefore authorities must consider all the individual specifics which requires
special treatment of female prisoners.
173 The Imprisonment Code of Georgia, Article 72
174 The UN Convention on the Rights of the Child, Article 3
175 UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules), Rule 52.2 and 3
176 UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules), Rule 54
NATIONAL PREVENTIVE MECHANISM OF GEORGIA
137
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