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
