The Right to a Family Environment for Children of Prisoners

Abstract

(from the chapter) As the "natural environment for the growth and well-being" of children, the family has long enjoyed special protection within international human rights law. However, the concept of the family environment as the optimal setting for the development of children first appears in the Convention on the Rights of the Child. The Convention recognizes that the "child...should grow up in a family environment, in an atmosphere of happiness, love and understanding" (preamble). To achieve this objective, the Convention directs governments to provide "necessary protection and assistance" to families so that they can fully assume their responsibilities within the community (preamble). These responsibilities include preparing children to be full participants in society. This chapter examines the application of the right to a family environment to a rapidly growing population of children who face such circumstances: the children of incarcerated parents. Although the chapter focuses on children with parents in jail or prison, many other children face similar challenges because their parents are detained for violations of immigration law. In addition, many children have parents who are in the criminal justice system but who are living in the community (e.g. probation, parole, community supervision). Depending on the circumstances, these children may face challenges similar to children of prisoners, including periods of involuntary separation. (PsycINFO Database Record (c) 2012 APA, all rights reserved).