By Jean Tomkin

The legal rights of children under international law have been developing since 1919, with both regional and global treaties safeguarding their interests. Yet many of these rights, enshrined in the Convention on the Rights of the Child and other texts, are put at risk when a parent is imprisoned…. At the core of decisions relating to children, including children affected by the actual or potential imprisonment of a parent, is a determination of their best interests. This principle, which requires that the best interests of the child is a primary consideration, has been interpreted widely by States. This paper sets out to analyse the approach of courts in a variety of jurisdictions.

Geneva, SWIT: Quaker United Nations Office, 2009. 58p.