only allows children who are capable of communicating their views the opportunity to
do so. Finally, the views of these children should be taken into consideration, as it
holds sufficient weight.
32. Children should have the opportunity to take part in sentencing procedures
against their parent/primary caregiver and if necessary should be able to have a
legal representative or guardian to give meaningful effect to their right to
participation. Similarly, children imprisoned with their parents/primary caregivers
should have the opportunity to take part in any administrative decision affecting
them. For example, parole boards should take the views of a child into account when
considering parole of a parent/ primary caregiver.
3. The Scope and Nature of Article 30
3.1 “Special treatment”
33. The special treatment that Article 30 envisages extends to those expectant
mothers, and mothers of infants and young children who are “accused or found guilty
of infringing the penal law”. Therefore, such mothers should benefit from the special
treatment beginning from the arrest, up to the ultimate conviction, sentencing,
imprisonment and reintegration phase of the criminal justice process.
34. Use of the word “special” implies a much higher level of obligation for States
Parties than that required in ordinary circumstances12. This reflects the heightened
vulnerability of these children who should benefit from a special measure. In some
instances, the term “special” can also imply that states parties need to act with
urgency.
12
For instance, in the context of education, States have the obligation to take “special measures in
respect of female, gifted and disadvantaged children…” Children with disabilities have a right to
“special measures of protection”. In addition, a child accused of or found guilty of having infringed the
penal law shall have the right to a “special treatment…”
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