“During today’s event, I enjoyed the family atmosphere, the football game, and being able to see my dad”.
– Boy, 16 years old
The journey to establish the rights and safeguarding of children with an imprisoned parent
– the cornerstone of the ‘Game with Mum & Dad’ project –
has made several significant strides. However, their rights are often overlooked.
“The States Parties to the present Convention,
considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world… the United Nations has proclaimed that childhood is entitled to special care and assistance”
Article 3.1 – In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
Article 9.3 – States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests.
25.I.1996
European Convention on the Exercise of Children’s Rights
Strasbourg, France – Council of Europe
The member States of the Council of Europe and the other States signatory hereto, considering that the aim of the Council of Europe is to achieve greater unity between its members […]
[…] Convinced that the rights and best interests of children should be promoted and to that end children should have the opportunity to exercise their rights, in particular in family proceedings affecting them;
[…] Recognising the importance of the parental role in protecting and promoting the rights and best interests of children and considering that, where necessary, States should also engage in such protection and promotion;
[…] Chapter I, Article 1.2 – The object of the present Convention is, in the best interests of children, to promote their rights, to grant them procedural rights and to facilitate the exercise of these rights by ensuring that children are, themselves or through other persons or bodies, informed and allowed to participate in proceedings affecting them before a judicial authority.
21.03.2014
Charter of the Rights of Children of Prisoners (Carta dei diritti dei figli di genitori detenuti)
Rome, Italy – Ministry of Justice
On 21 March 2014, for the first time in Italy and in Europe, the ‘Charter of the Rights of Children of Prisoners’ was signed in Rome (renewed on 06.09.2016, 20.11.2018 and 16.12.2021) by the Italian Ministry of Justice, the Guarantor Authority for Childhood and Adolescence and the Bambinisenzasbarre Association, to protect the rights of more than 100,000 children and adolescents who enter Italian prisons every year.
The Charter promotes the concrete implementation of the UN Convention (20.11.1989) on the protection of the rights of children and adolescents, facilitating and supporting minors in their relations with their imprisoned parent, and outlining appropriate measures for their reception in prison.
Art. 1 – Decisions relating to orders, sentences and execution of sentences; Art. 2 – Visits of minors inside penal institutions; Art. 3 – Other types of relationship with the imprisoned parent; Art. 4 – Training of prison and juvenile justice personnel; Art. 5 – Information, assistance and guidance for families and children of imprisoned parents; Art. 6 – Collection of data on the children of imprisoned parents, to improve reception and visits in penal institutions; Art. 7 – Transitory provisions and alternative measures to detention; Art. 8 – Establishment of a permanent Table to periodically monitor the concrete application of the Charter; Art. 9 – Validity of the Charter: currently in force in all Italian prisons.
04.04.2018
The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe, […] considering the significant number of children whose parents are detained in the prisons of the member States;
Reaffirming that children with imprisoned parents are entitled to the same rights as all children;
Recognising the obstacles to maintaining ordinary family relationships caused by the imprisonment of a parent […]
Acknowledging the impact of imprisonment of a parent on children and the fact that prison can be a difficult environment for children;…
II. Basic principles
1. Children with imprisoned parents shall be treated with respect for their human rights and with due regard for their particular situation and needs. These children shall be provided with the opportunity for their views to be heard, directly or indirectly, in relation to decisions which may affect them. Measures that ensure child protection, including respect for the child’s best interests, family life and privacy shall be integral to this, as shall be the measures which support the role of the imprisoned parent from the start of detention and after release.
