Maternal Sentencing and the Rights of the Child

Maternal Sentencing and the Rights of the Child

Author: Shona Minson

Publisher: Springer Nature

Published: 2019-12-24

Total Pages: 274

ISBN-13: 3030327388

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This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court’s paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.


Maternal Sentencing and the Rights of the Child

Maternal Sentencing and the Rights of the Child

Author: Shona Minson

Publisher: Palgrave Macmillan

Published: 2021-02-08

Total Pages: 279

ISBN-13: 9783030327408

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This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court’s paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.


When the Innocent are Punished

When the Innocent are Punished

Author: Peter Scharff Smith

Publisher: Palgrave Macmillan

Published: 2014-06-18

Total Pages: 0

ISBN-13: 9781137414281

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There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.


Rights of the Child, Mothers and Sentencing

Rights of the Child, Mothers and Sentencing

Author: Alice Wambui Macharia

Publisher: Routledge

Published: 2021-02-22

Total Pages: 139

ISBN-13: 1000348520

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This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author’s experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children’s rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child’s existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court’s discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children’s issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child’s rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement. The book will be a valuable resource for academic, researchers and policy-makers working in the area of international children’s rights law and criminal law.


The International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights

Author: Ben Saul

Publisher: Oxford University Press

Published: 2014-03

Total Pages: 1358

ISBN-13: 0199640300

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"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.


Imprisoned Fathers and Their Children

Imprisoned Fathers and Their Children

Author: Gwyneth Boswell

Publisher: Jessica Kingsley Publishers

Published: 2002

Total Pages: 180

ISBN-13: 9781853029721

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More than 125,000 children in the UK alone are 'sentenced' to separation from their imprisoned parents. This book draws on extensive research and experience to examine the effect this kind of separation can have on the emotional development of a child and on family relationships. They make suggestions for work with prisoners and families.


Mothering from the Inside

Mothering from the Inside

Author: Kelly Lockwood

Publisher: Emerald Publishing Limited

Published: 2020-09-16

Total Pages: 272

ISBN-13: 9781789733440

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The book takes a holistic approach to highlight and explore the range of issues specifically associated with mothering and imprisonment, from sentencing, through custody to resettlement and focusing on the perspective of mothers and their children.


Parental Imprisonment and Children’s Rights

Parental Imprisonment and Children’s Rights

Author: Fiona Donson

Publisher: Routledge

Published: 2021-03-30

Total Pages: 167

ISBN-13: 1351981455

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This book brings together internationally renowned academics and professionals from a variety of disciplines who, in a variety of ways, seek to understand the legal, conceptual and practical consequences of parental imprisonment through a children’s rights lens. Children whose parents have been incarcerated are often referred to as "invisible victims of crime and the penal system." It is well accepted that the imprisonment of a parent, even for a short period of time, not only negatively affects the lives of children but it can also result in a gross violation of their fundamental human rights, such as the right of access to their parent and the right to have an input into decision-making processes affecting them, the outcomes of which will without doubt affect the life of the child concerned. This collection foregrounds the voice of these children as it explores transdisciplinary boundaries and examines the practice and development of the rights of both children and their families within the wider dynamic of criminal justice and penology practice. The text is divided into three parts which are dedicated to 1) hearing the voices of children with parents in prison, 2) understanding to what extent children’s rights informs prison policy, and 3) demonstrating how law in the form of children’s rights can help frame both court sentencing and prison practice in a way that minimises the harm that contact with the prison system can cause. The research drawn upon in this book has been conducted in a number of European countries and demonstrates both good and bad practice as far as the implementation of children’s rights is concerned in the context of parental incarceration. An accessible and compelling read, this book will appeal to students and scholars of law, children’s rights, criminology, sociology, social work, psychology, penology and all those interested in, and working towards, protecting the rights of children who have a parent in prison.


Mothering from the Inside

Mothering from the Inside

Author: Kelly Lockwood

Publisher: Emerald Group Publishing

Published: 2020-09-16

Total Pages: 232

ISBN-13: 178973343X

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The book takes a holistic approach to highlight and explore the range of issues specifically associated with mothering and imprisonment, from sentencing, through custody to resettlement and focusing on the perspective of mothers and their children.