The Emerging Rights of Imprisoned Mothers and Their Children

12 Pages Posted: 19 Jun 2012

Date Written: 2002

Abstract

Against the backdrop of a rising population of imprisoned mothers, the joint cases of R (P) v Secretary of State For the Home Department and another; R (Q and another) v Secretary of State For the Home Department and another challenged the legality of English prison service policy under the Human Rights Act 1998. Highlighting the idiosyncratic position on the residence of children in prison with their mothers throughout Europe, this article examines the basis for the challenge and highlights the broader impact of its recognition of Article 8 rights on the prison environment, sentencing policy and home leave procedures.

Keywords: child law, family law, imprisoned mothers and children, Human Rights Act 1998, sentencing policy, home leave procedures

Suggested Citation

Munro, Vanessa E., The Emerging Rights of Imprisoned Mothers and Their Children (2002). Child and Family Law Quarterly, Vol. 14, No. 3, pp. 303-314, 2002, Available at SSRN: https://ssrn.com/abstract=2086550

Vanessa E. Munro (Contact Author)

University of Nottingham ( email )

University Park
Nottingham, NG8 1BB
United Kingdom

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