ABSTRACT

INTRODUCTION

When a parent is imprisoned, not only does this turn their life upside down, but it also upends the lives of their child or children. Many children's rights are put at risk when their parent is imprisoned. In addition, research shows that children of imprisoned parents experience psychological issues including depression, anxiety and sleep problems. They often display anti-social behaviour, drop out of school, use drugs and demonstrate delinquent behaviour. The question is whether these potential effects are sufficiently taken into account throughout the criminal proceedings and – more specifically for this contribution – when maintaining contact with the imprisoned parent.

Children of imprisoned parents are often described as ‘invisible victims’, ‘forgotten victims of imprisonment’ and as ‘orphans of justice’. These descriptions are accurate in showing the core of the problem: when a parent goes to prison, their children are adversely affected, yet these effects are rarely considered during the criminal justice proceedings. However, the topic of imprisoned parents has recently gained renewed attention. On 4 April 2018, the Council of Europe (CoE) issued a Recommendation on children with imprisoned parents (hereafter referred to as the Recommendation). This Recommendation recognises that children with detained parents are vulnerable, and it emphasises the importance of considering their needs and rights at all stages of the criminal justice process. This is important, because it is estimated that in Europe there are more children with imprisoned parents than there are people in prison.