교정시설내의 유아양육제도의 개선방안

Abstract

In South Korea a mother who has been incarcerated may apply for permission to rear her infant in prison. The warden of the correctional institution must grant permission for this until the infant reaches eighteen months of age, unless there are special health or other concerns. The warden must provide the necessary equipment and goods and take all necessary measures to enable the mother to care for her child. Children whose parents are detained or imprisoned are an invisible and highly vulnerable group whose rights and welfare are affected at every stage of criminal proceedings against their parent. The rights of children of incarcerated parents remain largely unacknowledged within criminal justice systems. Children fall through the cracks created by inadequate social welfare provision, lack of clarity in law and policy as to how to respond to them, and inadequate protection for children living in prisons. The 2010 UN Rules on the Treatment of Women Prisoners and Non-Custodial Sanctions for Women Offenders (the ‘Bangkok Rules’) are to date the only set of international standards which provide some safeguards for children imprisoned with their parent. While the Rules are designed for women offenders, their preliminary observations state that some Rules, including those relating to parental responsibilities, equally apply to offenders who are fathers. The Rules stipulate that: •non-custodial alternatives to custody should be applied wherever possible if someone facing imprisonment has sole caring responsibilities •children must be taken into account at all stages of a parent’s contact with the criminal justice system •the decision as to whether a child is to be separated from its mother (or father) must be based on individual assessments and the best interests of the child •children in prison with their mother (or father) should never be treated as prisoners and their experience must be as close as possible to life for a child outside •mothers/fathers must be allowed as many opportunities as possible to see the children who are imprisoned with them