children. Furthermore, measures should be in place to ensure that children are not discriminated against in accessing their rights because of their parents/ primary caregivers' incarceration; for example, their access to education and healthcare should not be disrupted. 21. In particular, States Parties are urged to undertake measures to prevent and eliminate discrimination against children whose parents or primary care givers are incarcerated. In recognition of the risk of discrimination that may occur against children born in remand or prison facilities, States Parties should undertake the following measures: (a) where expectant mothers are facing criminal charges or have been condemned to custodial sentence, arrangement for temporary release, parole or suspended sentence (for minor or casual offences) should be made to enable expectant accused or prisoners to deliver outside the remand or prison facilities; (b) where birth occurs in remand or prison facilities, States Parties should ensure that they shall be registered in the local birth registration office; and (c) there should be no mention of remand or prison as place of birth on a child‟s birth records. Only the locality shall be mentioned in the child‟s birth records.7 The best interest of the child 22. Article 4(1) of the African Children‟s Charter provides that “in all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration.” There are three important aspects of this principle that should be upheld. Firstly, it says that in all actions concerning the child. This is not limited to certain actions only. Therefore, States Parties are to respect, protect and fulfil the best interest of children in all actions concerning children. Secondly, it says that any person or authority should fulfil the best interests of children. This places a requirement on all officials or persons that might come into 7 Such measures were also pronounced by the Indian Supreme Court in R.D. Updhyaya v State of AP, [2006] INSC 204, at para 11. The prohibition on naming the place of birth of those in detention or prison is included in Rule 23(1) of the Un Standard Minimum Rules on the Treatment of Prisoners. 10