only allows children who are capable of communicating their views the opportunity to do so. Finally, the views of these children should be taken into consideration, as it holds sufficient weight. 32. Children should have the opportunity to take part in sentencing procedures against their parent/primary caregiver and if necessary should be able to have a legal representative or guardian to give meaningful effect to their right to participation. Similarly, children imprisoned with their parents/primary caregivers should have the opportunity to take part in any administrative decision affecting them. For example, parole boards should take the views of a child into account when considering parole of a parent/ primary caregiver. 3. The Scope and Nature of Article 30 3.1 “Special treatment” 33. The special treatment that Article 30 envisages extends to those expectant mothers, and mothers of infants and young children who are “accused or found guilty of infringing the penal law”. Therefore, such mothers should benefit from the special treatment beginning from the arrest, up to the ultimate conviction, sentencing, imprisonment and reintegration phase of the criminal justice process. 34. Use of the word “special” implies a much higher level of obligation for States Parties than that required in ordinary circumstances12. This reflects the heightened vulnerability of these children who should benefit from a special measure. In some instances, the term “special” can also imply that states parties need to act with urgency. 12 For instance, in the context of education, States have the obligation to take “special measures in respect of female, gifted and disadvantaged children…” Children with disabilities have a right to “special measures of protection”. In addition, a child accused of or found guilty of having infringed the penal law shall have the right to a “special treatment…” 15

Select target paragraph3