child‟s life.10 Besides, the child‟s right to development entails a comprehensive process of realising children‟s rights in order to allow them grow up in a healthy and protected manner, free from fear and want, and to develop their personality, talents and mental and physical abilities to their fullest potential consistent with their evolving capacities.11 26. The child‟s right to life, survival and development requires that the child‟s rights to health, food, shelter, education and adequate standard of living. In respect of the child‟s right to education, it is to be noted that this is fundamental to the child‟s development into a responsible and informed citizen, capable of defending his or her rights. This imperative is also reflected in Article 6 of the CRC and 6(1) of the ICCPR, which together with Article 5 of the African Children‟s Charter; impose on the State a positive obligation not only to protect the life of the child but also to provide adequate resources to ensure the child‟s survival and development. In addition, the concept of prolonging the child‟s life entails an obligation imposed on States Parties to undertake measures to protect the child from violence and abuse in all settings. 27. Children living in prisons with their parents/ primary caregivers often experience serious violations of their right to survival, protection and development arising from their living conditions; they may not be registered at birth nor have access to education or health facilities and they may experience violence at the hands of other detainees or prison employees. In relation to children not imprisoned with their parents/primary caregivers, the right to survival and development is also subject to limitation as the primary person entrusted with realizing this right is absent. 28. In order to ensure that children‟s right to survival, protection and development is protected and realized, States Parties should implement the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules). In particular, they must ensure that children living in prison should never be treated as prisoners themselves. They should not be 10 Report of the Working Group on a Draft Convention on the Rights of the Child, E/CN.4/1988, para 21. 11 Nowak, M., Article 6 – The Right to Life, Survival and Development Leiden: Martin Nijhoff, 2005, p. 2; and Tomkin, J., Orphans of Justice: In Search of the Best Interests of the Child when a Parent is Imprisoned – A Legal Analysis Geneva: Quaker United Nations Office, 2009, 13. 13

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