subjected to disciplinary punishments. In principle, they should be free to leave the
prison
and
participate
in
outside
activities,
in
compliance
with
security
considerations. Mechanisms should be in place to protect children from all forms of
physical and psychological abuse in prisons. Punishment by close confinement or
segregation should not be applied to pregnant women, women with infants and
breastfeeding mothers in prison. Disciplinary sanctions for women prisoners shall
not include a prohibition of family contact, especially with children.
29. On admission to prison the number and personal details of children
accompanying their mothers should be recorded. If a baby is born whilst his or her
mother is in prison then their birth must be registered in accordance with Article 6 of
the African Children's Charter. During the time which they spend in prison, children
should be provided with good quality primary health care services on an ongoing
basis and their development should be monitored by a prison psychologist and
specialists in child development. The environment provided for the child‟s upbringing
should be as close as possible to that of a child outside prison, with a nursery staffed
by specialists who can take care of the child while separated from his or her mother.
When children who accompany incarcerated parents to prison can no longer be
accommodated there (for example, where they reach the maximum age allowed in
law or regulation), alternative arrangements must be made that consider and reflect
the child‟s best interests.
The right to participation
30. Article 4(2) of the African Children‟s Charter stipulates that: “In all judicial or
administrative proceedings affecting a child who is capable of communicating his/
her own views, an opportunity shall be provided for the views of the child to be heard
either directly or through an impartial representative as a party to the proceedings,
and those views shall be taken into consideration by the relevant authority in
accordance with the provisions of appropriate law.”
31. This article prescribes for the participation of children in judicial or administrative
proceedings affecting them. It also allows that children be able to appoint an
impartial person to represent their views. The only limitation to this article is that it
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