negative ways, to misperceptions about incarcerated parents and their children by
suggesting a uniformity of situations and appropriate responses that does not
necessarily exist. In actuality, the situations of the parents, primary caregivers and
children involved vary widely and defy easy analysis and solutions. It is also often
difficult, or even inappropriate, to generalize about the family circumstances that
existed prior to incarceration, as well as the circumstances following incarceration,
as they are often quite varied.
15. States Parties should take an individualized, qualitative approach that is nuanced
and based on actual information about incarcerated parents/caregivers and children,
rather than a quantitative, categorical approach based on generalized and simplistic
assumptions. An individualized approach is required when reading Article 30 with
Article 4 (the best interest of the child) of the African Children‟s Charter.
16. In order to encourage such an approach, statistics about children of incarcerated
parents should be routinely and consistently gathered by relevant agencies to help
develop policy and practice in States Parties. Furthermore, professionals working
with children at all stages of the criminal justice process, as well as other
professionals such as teachers and social workers who may come into contact with
children of incarcerated parents, must be trained to appropriately provide any
needed support.
2. Principles of the African Charter on the Rights and Welfare of the Child
17. The African Children‟s Charter is grounded by the following four principles:
(a) Non-discrimination of children (Article 3 of the Charter);
(b) The best interest of the child (Article 4(1) of the Charter);
(c) The right to survival, protection and development of each child (Article 5 of the
Charter); and
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