A/RES/65/229
Rule 49
Decisions to allow children to stay with their mothers in prison shall be based on the
best interests of the children. Children in prison with their mothers shall never be
treated as prisoners.
Rule 50
Women prisoners whose children are in prison with them shall be provided with the
maximum possible opportunities to spend time with their children.
Rule 51
1.
Children living with their mothers in prison shall be provided with ongoing
health-care services and their development shall be monitored by specialists, in
collaboration with community health services.
2.
The environment provided for such children’s upbringing shall be as close as
possible to that of a child outside prison.
Rule 52
1.
Decisions as to when a child is to be separated from its mother shall be based
on individual assessments and the best interests of the child within the scope of
relevant national laws.
2.
The removal of the child from prison shall be undertaken with sensitivity, only
when alternative care arrangements for the child have been identified and, in the
case of foreign-national prisoners, in consultation with consular officials.
3.
After children are separated from their mothers and placed with family or
relatives or in other alternative care, women prisoners shall be given the maximum
possible opportunity and facilities to meet with their children, when it is in the best
interests of the children and when public safety is not compromised.
4.
Foreign nationals
[Supplements rule 38 of the Standard Minimum Rules for the Treatment of Prisoners]
Rule 53
1.
Where relevant bilateral or multilateral agreements are in place, the transfer of
non-resident foreign-national women prisoners to their home country, especially if
they have children in their home country, shall be considered as early as possible
during their imprisonment, following the application or informed consent of the
woman concerned.
2.
Where a child living with a non-resident foreign-national woman prisoner is to
be removed from prison, consideration should be given to relocation of the child to
its home country, taking into account the best interests of the child and in
consultation with the mother.
5.
Minorities and indigenous peoples
Rule 54
Prison authorities shall recognize that women prisoners from different religious and
cultural backgrounds have distinctive needs and may face multiple forms of
discrimination in their access to gender- and culture-relevant programmes and
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