50. Article 30 (1) (c) calls on States Parties to establish 'special alternative institutions' for holding mothers. Many States Parties do not allocate sufficient resources to prison upgrades such that special alternative institutions which protect the rights of children could realistically be established. Therefore, such institutions should only be considered as a last resort where alternatives to detention cannot be considered and it is in a child's best interests to remain with their mother or primary caregiver. 51. Such institutions must focus on realising children's rights; for instance, programs that allow mothers to reside together with their infants in prison nurseries could be expanded and employed where deemed in a child's interests. Work-release programs that expand the opportunities for work release in lieu of prison and also provide greater opportunities for incarcerated parents to participate in direct care of their children should be encouraged. 52. In addition, expanding treatment programs and providing priority for substance abuse programs to parents facing incarceration could contribute to reducing incarceration and time served in incarceration facilities. The geographic location of prisons, as well as structural and financial barriers that make visits from children difficult and expensive needs to form part of the “special” nature that these incarceration facilities need to try to address. As much as possible, minimizing distance between imprisoned mothers/ parents and children should be embraced as a policy of incarceration facilities. Making funds available for smaller facilities or halfway houses that could be built in communities to accommodate non-violent inmates with children might be worth consideration. 53. It is important for States Parties to ensure that reforms are implemented comprehensively and do not depend upon the good will and direction of the facilities‟ leadership and personnel, but rather upon the force of law. 3.1.4 Ensure that a mother shall not be imprisoned with her child 21

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