caregivers may find a number of their rights violated as a result of this
incarceration. When a criminal court detains a child's parent, the court reshapes
the child's family just as much as a family law court issuing an order of custody,
adoption, or divorce, and as a result children's best interests need to have a
primary role in such circumstances. As a result, there is often an acute need for
special treatment, and support services, which will vary depending on the child's
particular family circumstances and the stage of the criminal proceedings.
8.
The General Comment, therefore, seeks to:
(a)
Strengthen understanding of the meaning and application of Article 30 and
its implications for States Parties, international organisations, civil society
organisations, community-based structures and society at large;
(b)
Elaborate on the scope of legislation, policy and practice necessary to
achieve full implementation of Article 30;
(c)
Engage in a constructive dialogue with States Parties on the constitutional,
policy, legal and operational framework for the effective implementation of
Article 30;
(d)
Promote and encourage regular periodic reports submission by States
Parties with particular to the constitutional, policy, legal and administrative
measures undertaken by States Parties to fulfill their obligations under
Article 30;
(e)
Highlight positive approaches in implementing Article 30, benefitting from
the monitoring experience of the African Committee as well as researches
on the issue; and
(f)
Enhance cooperation at continental and international levels for a better
protection of children of imprisoned parents or caregivers.
1.2 Scope of the General Comment
9.
Article 30 provides in full that:
5