Rights Of The Child Mothers And Sentencing

Author : Alice Wambui Macharia
Publisher : Routledge
Page : 139 pages
File Size : 46,5 Mb
Release : 2021-02-22
Category : Law
ISBN : 9781000348521

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Rights of the Child, Mothers and Sentencing by Alice Wambui Macharia Pdf

This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author’s experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children’s rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child’s existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court’s discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children’s issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child’s rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement. The book will be a valuable resource for academic, researchers and policy-makers working in the area of international children’s rights law and criminal law.

Author : Shona Minson
Publisher : Springer Nature
Page : 279 pages
File Size : 46,9 Mb
Release : 2019-12-24
Category : Social Science
ISBN : 9783030327385

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Maternal Sentencing and the Rights of the Child by Shona Minson Pdf

This book brings to life the experiences of children affected by maternal imprisonment, and provides unique, in-depth analysis of judicial thinking on this issue. It explores the experiences of children whose mothers are sentenced to imprisonment in England and Wales and contrasts their state-sanctioned separation from their mothers in the criminal courts (where the court may not even be aware of the existence of a child) to the state-sanctioned separation of children from their parents in the family courts, where the child has legal representation and their best interests are the court’s paramount consideration. Drawing on detailed empirical research with children, caregivers, and Crown Court judiciary, Maternal Sentencing and the Rights of the Child brings together relevant literature on law, criminology, and human rights to provide insight into the reasons for the differentiated treatment and its implications for children, their caregivers, and wider society.

Author : Fiona Donson,Aisling Parkes
Publisher : Routledge
Page : 167 pages
File Size : 54,5 Mb
Release : 2021-03-30
Category : Political Science
ISBN : 9781351981453

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Parental Imprisonment and Children’s Rights by Fiona Donson,Aisling Parkes Pdf

This book brings together internationally renowned academics and professionals from a variety of disciplines who, in a variety of ways, seek to understand the legal, conceptual and practical consequences of parental imprisonment through a children’s rights lens. Children whose parents have been incarcerated are often referred to as "invisible victims of crime and the penal system." It is well accepted that the imprisonment of a parent, even for a short period of time, not only negatively affects the lives of children but it can also result in a gross violation of their fundamental human rights, such as the right of access to their parent and the right to have an input into decision-making processes affecting them, the outcomes of which will without doubt affect the life of the child concerned. This collection foregrounds the voice of these children as it explores transdisciplinary boundaries and examines the practice and development of the rights of both children and their families within the wider dynamic of criminal justice and penology practice. The text is divided into three parts which are dedicated to 1) hearing the voices of children with parents in prison, 2) understanding to what extent children’s rights informs prison policy, and 3) demonstrating how law in the form of children’s rights can help frame both court sentencing and prison practice in a way that minimises the harm that contact with the prison system can cause. The research drawn upon in this book has been conducted in a number of European countries and demonstrates both good and bad practice as far as the implementation of children’s rights is concerned in the context of parental incarceration. An accessible and compelling read, this book will appeal to students and scholars of law, children’s rights, criminology, sociology, social work, psychology, penology and all those interested in, and working towards, protecting the rights of children who have a parent in prison.

Author : Rachel Hodgkin,Peter Newell
Publisher : United Nations Publications
Page : 787 pages
File Size : 49,6 Mb
Release : 2007
Category : Law
ISBN : 9280641832

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Implementation Handbook for the Convention on the Rights of the Child by Rachel Hodgkin,Peter Newell Pdf

"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.

Author : Ann M. Stanton
Publisher : Free Press
Page : 232 pages
File Size : 54,6 Mb
Release : 1980
Category : Social Science
ISBN : STANFORD:36105038774175

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When Mothers Go to Jail by Ann M. Stanton Pdf

Author : Kelly Lockwood
Publisher : Emerald Group Publishing
Page : 210 pages
File Size : 52,6 Mb
Release : 2020-09-16
Category : Social Science
ISBN : 9781789733457

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Mothering from the Inside by Kelly Lockwood Pdf

The book takes a holistic approach to highlight and explore the range of issues specifically associated with mothering and imprisonment, from sentencing, through custody to resettlement and focusing on the perspective of mothers and their children.

Author : Katherine Gabel,Denise Johnston
Publisher : Lexington Books
Page : 450 pages
File Size : 50,9 Mb
Release : 1995
Category : Political Science
ISBN : 0029110424

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Children of Incarcerated Parents by Katherine Gabel,Denise Johnston Pdf

No descriptive material is available for this title.

Author : Gwyneth Boswell,Peter Wedge
Publisher : Jessica Kingsley Publishers
Page : 180 pages
File Size : 54,5 Mb
Release : 2002
Category : Social Science
ISBN : 1853029726

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Imprisoned Fathers and Their Children by Gwyneth Boswell,Peter Wedge Pdf

More than 125,000 children in the UK alone are 'sentenced' to separation from their imprisoned parents. This book draws on extensive research and experience to examine the effect this kind of separation can have on the emotional development of a child and on family relationships. They make suggestions for work with prisoners and families.

Author : Susan Bitensky
Publisher : BRILL
Page : 424 pages
File Size : 42,7 Mb
Release : 2006-06-14
Category : Law
ISBN : 9789047431169

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Corporal Punishment of Children: A Human Rights Violation by Susan Bitensky Pdf

The core of this book is a detailed analysis of the status of corporal punishment of children, including Areasonable spankings by parents, under international human rights law. The analysis leads compellingly to the conclusion that such punishment is indeed a human rights violation, consonant with modern norms about right and decent treatment of juveniles. The book further provides a comparative analysis between the domestic laws of the seventeen nations that ban all corporal punishment of children (Sweden, Finland, Norway, Austria, Cyprus, Denmark, Germany, Iceland, Bulgaria, Croatia, Latvia, Hungary, Romania, Ukraine, Israel, Italy, and Portugal) and examples of the domestic laws in the countries that still permit some physical chastisement of children (United States and Canada). Because it is anticipated that a good number of readers will be surprised to learn that this disciplinary practice has become a human rights law violation, the book also engages in an in-depth exegesis of the psychological evidence and historical and philosophical reasons warranting prohibition of all corporal punishment of children as an imperative policy choice. The work probes as well why, once that choice is made, it is essential to use legal bans on the punishment inasmuch as they have uniquely effective pedagogical and therapeutic roles and give some permanence to humanity’s hard won understanding about protecting the young from violence. Published under the Transnational Publishers imprint.

Author : Lucy Baldwin,Laura Abbott
Publisher : Policy Press
Page : 185 pages
File Size : 55,5 Mb
Release : 2023-11-30
Category : Social Science
ISBN : 9781447363392

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Pregnancy and New Motherhood in Prison by Lucy Baldwin,Laura Abbott Pdf

Incorporating the authentic voices and real-life experiences of women, this ground-breaking book focuses on pregnancy and new motherhood in UK prisons. The book delves critically and poignantly into the criminal justice system's response to pregnant and new mothers, shedding light on the tragedies of stillborn babies and the deaths of traumatised mothers in prison. Based on lived realities, it passionately argues the case for enhancing the experiences of pregnant and new mothers involved with the criminal justice system. Aiming to catalyse policy and practice, the book is key reading for criminology and midwifery students and researchers as well as policy makers and practitioners.

Author : Rachel Condry,Peter Scharff Smith
Publisher : Oxford University Press
Page : 336 pages
File Size : 55,5 Mb
Release : 2018-10-04
Category : Social Science
ISBN : 9780192538147

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Prisons, Punishment, and the Family by Rachel Condry,Peter Scharff Smith Pdf

Every year millions of families are affected by the imprisonment of a family member. Children of imprisoned parents alone can be counted in millions in the USA and in Europe. It is a bewildering fact that while we have had prisons for centuries, and the deprivation of liberty has been a central pillar in the Western mode of punishment since the early nineteenth century, we have only relatively recently embarked upon a serious discussion of the severe effects of imprisonment for the families and relatives of offenders and the implications this has for society. This book draws together some of the excellent research that addresses the impact of criminal justice and incarceration in particular upon the families of offenders. It assembles examples of recent and ongoing studies from eight different countries in order to not only learn about the secondary effects and 'collateral consequences' of imprisonment but also to understand what the experiences and lived realities of prisoners' families means for the sociology of punishment and our broader understanding of criminal justice systems. While punishment and society scholarship has gained significant ground in recent years it has often remained silent on the ways in which the families of prisoners are affected by our practices of punishment. This book provides evidence of the importance of including families within this scholarship and explores themes of legitimacy, citizenship, human rights, marginalization, exclusion, and inequality.

Author : Venezia Michalsen
Publisher : Routledge
Page : 126 pages
File Size : 49,6 Mb
Release : 2018-11-05
Category : Social Science
ISBN : 9781317228097

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Mothering and Desistance in Re-Entry by Venezia Michalsen Pdf

Although there is plentiful research on the impact of marriage, employment and the military on desistance from criminal behaviour in the lives of men, far less is known about the factors most important to women’s desistance. Imprisoned women are far more likely than their male counterparts to be the primary caretakers of children before their incarceration, and are far more likely to intend to reunify with their children upon their release from incarceration. This book focuses on the role of mothering in women’s desistance from criminal behaviour. Drawing on original research, this book explores the nature of mothering during incarceration, how mothers maintain a relationship with their children from behind bars and the ways in which mothering makes desistance more or less likely after incarceration. It outlines the ways in which race, gender, class, nationality, sexuality, gender identity, and other characteristics affect mothering and desistance, and explores the tensions between individual and system-level factors in the consideration of desistance. This book suggests that any discussion of desistance, particularly for women, must move beyond the traditional focus on individual characteristics and decision-making. Such a focus overlooks the role played by context and systems which undermine both women's attempts to be mothers and their attempts to desist. By contrast, in the tradition of Beth Richie’s Compelled to Crime, this book explores both the trees and the forests, and the quantum in-between, in a way that aims for lasting societal and individual changes.

Author : Peter Scharff Smith
Publisher : Palgrave Macmillan
Page : 0 pages
File Size : 42,6 Mb
Release : 2014-06-18
Category : Social Science
ISBN : 1137414286

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When the Innocent are Punished by Peter Scharff Smith Pdf

There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.

Author : Sarah Summers
Publisher : Oxford University Press
Page : 305 pages
File Size : 45,6 Mb
Release : 2022-11-04
Category : Electronic
ISBN : 9780192870384

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Sentencing and Human Rights by Sarah Summers Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

Author : Ton Liefaard,Jaap E. Doek
Publisher : Springer
Page : 265 pages
File Size : 40,7 Mb
Release : 2014-09-29
Category : Social Science
ISBN : 9789401794459

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Litigating the Rights of the Child by Ton Liefaard,Jaap E. Doek Pdf

This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.