–3–
Ante natal and post natal care
26.
Every effort should be made to meet the specific dietary needs of pregnant women
prisoners, who should be offered a high protein diet, rich in fresh fruit and vegetables.
27.
It is axiomatic that babies should not be born in prison, and the usual practice in Council of
Europe member States seems to be, at an appropriate moment, to transfer pregnant women prisoners
to outside hospitals.
Nevertheless, from time to time, the CPT encounters examples of pregnant women being
shackled or otherwise restrained to beds or other items of furniture during gynaecological
examinations and/or delivery. Such an approach is completely unacceptable, and could certainly be
qualified as inhuman and degrading treatment. Other means of meeting security needs can and
should be found.
28.
Many women in prison are primary carers for children or others, whose welfare may be
adversely affected by their imprisonment.1
One particularly problematic issue in this context is whether - and, if so, for how long - it
should be possible for babies and young children to remain in prison with their mothers. This is a
difficult question to answer given that, on the one hand, prisons clearly do not provide an
appropriate environment for babies and young children while, on the other hand, the forcible
separation of mothers and infants is highly undesirable.
29.
In the view of the CPT, the governing principle in all cases must be the welfare of the child.
This implies in particular that any ante and post natal care provided in custody should be equivalent
to that available in the outside community. Where babies and young children are held in custodial
settings, their treatment should be supervised by specialists in social work and child development.
The goal should be to produce a child-centred environment, free from the visible trappings of
incarceration, such as uniforms and jangling keys.
Arrangements should also be made to ensure that the movement and cognitive skills of
babies held in prison develop normally. In particular, they should have adequate play and exercise
facilities within the prison and, wherever possible, the opportunity to leave the establishment and
experience ordinary life outside its walls.
Facilitating child-minding by family members outside the establishment can also help to
ensure that the burden of child-rearing is shared (for example, by the child’s father). Where this is
not possible, consideration should be given to providing access to creche-type facilities. Such
arrangements can enable women prisoners to participate in work and other activities inside the
prison to a greater extent than might otherwise be possible.
1
Cf. also Recommendation 1469 (2000) of the Parliamentary Assembly of the Council of Europe on the subject
of mothers and babies in prison.