2. SAFETY, SECURITY AND DIGNITY FOR ALL
– The conditions in prison, including access to appropriate health-care, education and
recreational opportunities;
– The existence and quality of alternative care arrangements outside of prison;
– The remaining length of sentence of the parent or care-giver;
– The views of the child, parents and other relevant family members;
– Possibilities for the child to visit the parent or care-giver in prison; and
– The child’s development and the likely impact of prison and separation on that development.
Living conditions
Children living in prison with their parent must never be treated as prisoners (Mandela
Rule 29(2) and Bangkok Rule 49). They should live in an environment that is as close as
possible to that of a child outside of prison (Bangkok Rule 51(2)), for example regarding
accommodation, interaction with others, opportunities to play and to be outdoors.
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The safety of a child living in prison with a parent must be a primary consideration when
allocating a parent to a specific prison. Care should also be taken that children never come
into contact with prisoners who pose a risk to them. Safety must also be ensured during
transit and transfer, and when they are in the care of someone other than their parent or
main care-giver.
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Prisoners must be provided with the greatest possible number of opportunities to spend time
with a child living with them in prison (Bangkok Rule 50).141 However, this does not mean that
they have to attend to their babies/toddlers around the clock. Rather, they should still be able
to participate in educational or training courses, to attend medical appointments, and to have
a break from childcare occasionally.
2
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Child-specific services and protection needs
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Rule 28 states that if a child is born in prison, this fact shall not be mentioned in its
birth certificate.
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The Mandela Rules require that in cases where children are allowed to reside in prison with
a parent, child-specific health-care services should be available. Authorities should also,
where possible, establish links with local specialists in the community, who may be able
to visit prisons to assess the impact of imprisonment on the children concerned. Authorities
should ensure that babies and children are taken to special clinics for regular check-ups.
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If a child is living in prison with her or his parent or main care-giver, information about the
children should be recorded in the prisoner file (Rule 7(f) of the Mandela Rules and Rule
3 of the Bangkok Rules), so that authorities can better respond to and plan for the child’s
individual needs. However, this information must be kept confidential.
Staff training and access to other specialists
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Prison staff working in direct contact with children should receive training on child
development and their health-care requirements so that they can respond appropriately in
times of need and emergencies, as required in Rule 76(2). Specific staff should be designated
contact points for children and their parent/care-givers so that they can co-ordinate with
relevant specialists as appropriate.
141. The Bangkok Rules, op. cit., note 28, Rule 50.
Guidance document on the Nelson Mandela Rules
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