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
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