“30.1. States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular: (a) ensure that a non-custodial sentence will always be first considered when sentencing such mothers; (b) establish and promote measures alternative to institutional confinement for the treatment of such mothers; (c) establish special alternative institutions for holding such mothers; (d) ensure that a mother shall not be imprisoned with her child; (e) ensure that a death sentence shall not be imposed on such mothers; (f) the essential aim of the penitentiary system will be the reformation, the integration of the mother to the family and social rehabilitation.” 10. Article 30 of the African Children‟s Charter is explicitly focused on children of incarcerated mothers. However, the African Committee takes the view that Article 30 can be extended to apply to children affected by the incarceration of their sole or primary caregiver - this may be another family member such as a grand-parent or a foster parent. This is because large numbers of children in Africa are orphaned or living separated from their parents but may still require the protections guaranteed in Article 30 when their sole or primary caregiver is deprived of their liberty. 11. Article 30 applies when primary caregivers are accused or found guilty of infringing the respective criminal law. This encompasses all stages of criminal proceedings starting from arrest and continuing through to release and integration. As such, long-term incarceration, short-term incarceration, sporadic incarceration, with a primary caregiver moving in and out of prison and the death penalty are within the scope of Article 30 and this General Comment. This General Comment also applies whether the primary caregiver is in custody or subject to non-custodial measures. 12. Whilst Article 30 is an important and unique article regarding the special treatment to be given to this group of children, other articles of relevance to the issue that are considered in this General Comment include: the right not to be discriminated against based on the status of their parents (Article 3), the best interests of the child as the primary consideration in actions affecting children (Article 6