The Right to respect for Family Life of Children of imprisoned Parents

In: The International Journal of Children's Rights
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  • 1 Danish Institute for Human Rights, Denmark

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The article builds on a case study of the right to respect for family life of children of imprisoned parents; it analyses the application of the Convention on the Rights of the Child to their situation. It argues that the situation of children must be considered independently from that of their parents in cases which concern decisions regarding their parents (e.g. restricting visits in prison). The article contends that there is a necessity of both increasing the use of soft law standards and, more generally, establishing children-friendly remedies in order to ensure that there is better protection of the best interests of children of imprisoned parents.

  • 31

    European Prison Rules 2006, Rule 2.

  • 53

    Murdoch, Jim, The treatment of prisoners. European standards, Council of Europe Publishing, 2006, p. 239.

  • 57

    Kilkelly, Ursulla, cited above, pp. 239–294.

  • 74

    Resolution 1663 (2009) of the Parliamentary Assembly of the Council of Europe on Women in prison, 28 April 2009.

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