Existing legislation, policy & standards

Here you will find charters, conventions and other documents that are relevant to the issue of children of imprisoned parents. Organised by International, European and National legislation, the documents that follow provide legal frameworks for children’s rights and prisoner’s rights. This is by no means an exhaustive list of legislation and recommendations, but are foundational texts for COPE’s work.

International

1977 UN Standard Minimum Rules for the Treatment of Prisoners

February 7, 2016

Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663 C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13, 1977. One of the underlying principles of the SMR

2015 UN Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules)

February 20, 2015

Adopted in 2015, the 122 rules of the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) lays a minimum standards framework for imprisonment broadly. The following Rules make mention of children with imprisoned parents: Rule 7 No person shall be received in a prison without a valid commitment order.

2010 UN Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules)

February 20, 2010

The United Nations’ 2010 Bangkok Rules include indispensable provisions regarding the rights of imprisoned mothers, among an expansive number of other focuses. Rules 48-52 are below: Pregnant women, breastfeeding mothers and mothers with children in prison [Supplements rules 28 and 29 of the Nelson Mandela Rules] Rule 48 1. Pregnant or breastfeeding women prisoners shall

1989 UN Convention on the Rights of the Child

February 7, 2000

The Convention on the Rights of the Child, the first legally binding code of child’s rights, was adopted by the General Assembly of the United Nations in November 20, 1989 and signed by all Member States. It entered into force in September 1990. Only the United States and Somalia have not ratified the convention. A

Europe

European Union Strategy on the Rights of the Child and the European Child Guarantee

October 5, 2023

The Strategy on the Rights of the Child and the European Child Guarantee were published by the European Union on 24 March 2021. These two comprehensive policy initiatives mark the Commission’s commitment to ‘better protect all children, to help them fulfill their rights and to place them right at the centre of EU policy making’ (European

Council of Europe Compendium of Conventions, Recommendations and Resolutions Relating to Prisons and Community Sanctions and Measures

January 21, 2022

This compendium includes the following Conventions, Recommendations and Resolutions: CONVENTIONS European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders (1964) – ETS No. 051 Convention on the Transfer of Sentenced Persons (1983) – ETS No. 112 Additional Protocol to the European Convention on the Transfer of Sentenced Persons (1997) – ETS No.

Council of Europe Recommendation CM/Rec(2018)5

November 29, 2018

The Council of Europe Recommendation CM/Rec(2018)5 of the Committee of Ministers to member States concerning children with imprisoned parents is a landmark instrument regarding children with imprisoned parents. Coming as an international European response to Italy’s 2014 Memorandum of Understanding between the Ministry of Justice, the National Ombudsman for Childhood and Adolescence, and COPE member

Council of Europe Strategy on the Rights of the Child (2016-2021)

December 23, 2016

The Council of Europe Strategy for the Rights of the Child provides a plan from 2016-2021 to improve upon and develop child rights legislation. Following the European Convention on Human Rights and the principles of United Nations Convention on the Rights of the Child (UNCRC)—non-discrimination, best interests of the child, right to life, survival and

2014 European Parliament 25th Anniversary Resolution

February 20, 2014

The 25th anniversary of the UN Convention on the Rights of the Child was effectively a European  reiteration of and expansion on the original 1989 Convention and the agreements that followed. Whereas the original Convention—fundamental in defining children’s rights and one of the primary reasons for COPE’s foundation—does not mention the issue of children with

1973 Council of Europe Standard Minimum Rules for the Treatment of Prisoners

February 7, 2006

In 1973, the Council of Europe drew up its own Standard Minimum Rules for the Treatment of Prisoners, adopted by the Committee of Ministers (Resolution 73. 5). In 1987, the Council of Ministers deemed it necessary to reformulate the Standard Minimum Rules for the Treatment of Prisoners so as to take into account “significant social

2000 Charter of Fundamental Rights of the European Union

February 7, 2000

The rights of the child as stipulated by the 2000 Charter of Fundamental Rights of the European Union: 1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance


National

Irish National Policy Framework for Children & Young People 2014-2020

February 20, 2014

Ireland’s Better Outcomes, Brighter Futures: The National Policy Framework for Children & Young People (2014-2020) is a broad document providing a policy framework based on the following “transformational goals”: supporting parents; earlier intervention and prevention; listening to and involving children and young people; ensuring quality services; strengthening transitions; and cross-government and interagency collaboration and coordination.

2014 Italian Memorandum of Understanding on Children with Imprisoned Parents

February 7, 2014

The charter on children of imprisoned parents formally recognises the right of children to maintain direct contact with their detained parent—and requires that children be able to visit an imprisoned parent within a week of the arrest and on a regular basis from then on.” In 2014, Italian network member, Bambinisenzasbarre, obtained the signature of