Examining the Rights of Children of Imprisoned Parents: A Study

This report addresses the rights of children with incarcerated parents, highlighting the diverse experiences and unique circumstances these children face. The study emphasizes the importance of upholding children's rights, including the right to be heard in proceedings affecting them and the right to maintain relationships with their parents, as outlined in the Convention on the Rights of the Child. The report explores the detrimental effects of parental incarceration, such as distance, financial difficulties, and mental health challenges, while also acknowledging the potential benefits of prison programs that allow children to interact with their incarcerated parents. The report concludes that the right of the child to maintain a relationship with their parents must not be subservient to the concern of the state for security and heightened the needs of security must be compatible with the rights of the children to conserve contact with incarcerated parents. The report suggests that children of incarcerated parents should be actively involved in decisions concerning them and that the criminal justice system should be child-friendly. The report uses a news story about a father-daughter program in prison to illustrate some of the considerations. The analysis indicates that allowing children to visit incarcerated parents and participate in prison programs can positively impact the child.

1Running Head: RIGHTS OF CHILD AND INCARCERATED PARENTS
The children of imprisoned parents have witnessed a diverse form of experience and the
unique condition of the children taken in regard to taking the decision that influences them.
Nevertheless, each child possesses rights which include the right not to be treated in a separate
manner owing to discrimination based on activities or standards of their parents (Wildeman,
Goldman and Turney, 2018). According to Article 2(2) of the Convention on the Rights of
Children every child has the prospect to be heard in administrative and judicial proceedings that
affects them. Article 3(1) of the Convention underlines that the right of the children concentrates
on best interest to be given utmost consideration regarding all activities that affect them. The
paper explores that whether the program of parent-children in imprisonment is detrimental to the
children or the program in the prison is beneficial that allowed the children to interact with
incarcerated parents.
The child of the imprisoned parents is overlooked in the system of criminal justice that
dealt with responding and identifying to innocence or guilt of individuals. In the developing and
developed nation, the detention and removal of children pose a negative impact and the risk that
relates to the incarceration of the parents can be classified as the risk of having distance with
imprisoned parent and child, risk of deficiency of opportunities and basic necessities
(Butrymowicz, 2017). In particular, the children witnessed mental health and physical impact
connecting to the separation or other features of incarceration of parents. There also creates a risk
of breakdown of the relationship, financial difficulties, enhancing the vulnerability to abuse,
neglect and victimization and complications in visiting imprisoned parents. As a final point, it
upsurge the danger of children as they distrust or fear the authority, incapable of receiving help,

2RIGHTS OF CHILD AND INCARCERATED PARENTS
survive in unstable and impoverished situations and accept the life of the prisoners as
normal.thus the right of child to maintain relationship with their parents must not subservient to
the concern of the state for security and heightened the needs of security must be compatible
with the rights of the children to conserve contact with incarcerated parents. The children of
imprisoned parents whether they are separated or detained from their parents are entitled to
receiving special protection and care. There may be some child who does not use or need the
support of specialist intervention, however, they must have the chance to get accessibility if
desired by them. It is necessary that the families and children of prisoned parents should be
engaged actively in decisions concerning them in pursuance with the maturity and age of the
child. The child came to interacts with the system of criminal justice through the detention of
their parents. Nevertheless it put a positive impact on the relationship of children with the court,
police and other agencies of criminal justice if the detention is performed in a child-friendly
manner. Thus it is beneficial for the child to attend the program in prison and participate with
their parent in the jail program. It is because of the fact that in this manner, the child gets the
opportunity to interact with the children and preserve the right of the child in pursuance of the
United Nations Convention on Rights of Child. The prison program is not harmful to the child
owing to the prison environment because by get into contact with the prison environment it aloe
the children to conserve their rights and maintain the relationship with their parents. Thus it is
proved the fact that the right of the child on imprisoned parents is massively unacknowledged in
the criminal justice structure. The children of the imprisoned parents are forgotten suffers from
imprisonment. In the given scenario, one prisoner oF the United States organizes a program to
reunite the children with their dads. The daughters of the incarcerated father aged between 5 and
17 get permission from a guardian to attend the program. Although the program reveals great

3RIGHTS OF CHILD AND INCARCERATED PARENTS
promise for incarcerated men, the report raises the impact of the program on the mind of
children. The children are subject to physical searches and ensure no contraband brought in
prison. Furthermore, the waiting area of the prison is not clean and cold, noisy and loud from the
clanging of cell doors. Thus though the incarcerated parent wants their child to attend the
program it solely depends on the discretion of the guardian. The adequate research in this area
with the outcome of parent incarceration on the child is limited nut it is indicated from studies
that parent imprisonment is harmful to children even they belong to dysfunctional families.
Thus it can be concluded that visiting a parent in jail is helpful in maintaining the
relationship between parents and their children. It is apparent from the studies that the child
manages the disaster of incarceration of parents in an improved manner when they get the
opportunity to visit their parents in prison. Thus allowing the children to visit incarcerated
parents and participate in prison programs put a positive impact on the child.

4RIGHTS OF CHILD AND INCARCERATED PARENTS
References
Butrymowicz, M. (2017). THE POWER OF STATE, THE RIGHT OF PARENTS, THE RIGHT
OF THE CHILD – THE RIGHT TO EDUCATION AS THE RIGHT TO POSSESS
CONTROL. Review Of European And Comparative Law, 31(4), 7-32. DOI:
10.31743/recl.3239
Wildeman, C., Goldman, A. W., & Turney, K. (2018). Parental incarceration and child health in
the United States. Epidemiologic Reviews, 40(1), 146-156.DOI: 10.1093/epirev/mxx013