(b) States Parties should ensure that their respective legislation provides for safeguards to expectant prisoners or those with children where it is considered imperative for judges or magistrates to impose custodial sentences to such prisoners. Such safeguards should include judicial consideration of the impact of a custodial sentence on the best interests of a child of the accused or convicted parent or caregiver; (c) States Parties should put in place legislative and administrative mechanisms to ensure that a decision for a child to live in prison with his/her mother or care giver is subject to judicial review. Criteria for taking such a decision should be developed and include consideration of the individual characteristics of the child such as age, sex, level of maturity, quality of relationship with mother and the existence of quality alternatives available to the family; (d) States Parties should include consideration of the child's own views and give them due weight in accordance with the age and maturity of the child; (e) States Parties should put in place both legislative and administrative measures to ensure that they take into account the importance of maintaining direct contact with parents or caregivers on a regular basis particularly during early childhood as well as the overall conditions of incarceration. Contact with the parent or caregiver living outside the detention facility and other family members should be facilitated by State Parties. The right to survival, protection and development of each child 25. Article 5(1) of the African Children‟s Charter categorically provides that: „Every child has an inherent right to life.‟ The use of the word “inherent” in this article connotes that it is not a right bestowed upon the child by society; but rather an existing right that society is under an obligation to protect.9 This right shall be protected by law. In addition, Article 5(2) stipulates that “States Parties to the present Charter shall ensure, to the maximum extent possible, the survival, protection and development of the child.” The use of the word “survival” denotes placing a positive obligation on States to ensure that appropriate measures are taken to prolong the 99 Detrick, S.L., A Commentary on the United Nations Convention on the Rights of the Child The Hague: Kluwer Law International, 1999, p. 126. 12