"Love is not something we give or get; it is something that we nurture and grow."

– Brené Brown

CHILDREN OF PEOPLE IN DETENTION

Children with parents in prison face unique challenges that can have a profound impact on their well-being and development. It can have emotional, social, and economic consequences for children. Providing resources and interventions that address the unique challenges faced by these families can contribute to breaking the cycle of intergenerational incarceration and promoting positive outcomes for the children involved.

core questions

01.
How can the relationship with familymembers be part of the structure of a detention house?
02.
What are good examples in the criminal justice system where parents in detention can stay in touch with their children?
03.
What would be the benefits of small-scale forms of detention as opposed to large-scale prisons?
Children with parents in prison face unique challenges that can have a profound impact on their well-being and development. Providing resources and interventions that address the unique challenges faced by these families can contribute to breaking the cycle of intergenerational incarceration and promoting positive outcomes for the children involved.

CHILDREN OF PEOPLE IN DETENTION

Children with parents in prison face unique challenges that can have a profound impact on their well-being and development. It can have emotional, social, and economic consequences for children. Providing resources and interventions that address the unique challenges faced by these families can contribute to breaking the cycle of intergenerational incarceration and promoting positive outcomes for the children involved.

core questions

01.
How can the relationship with familymembers be part of the structure of a detention house?
02.
What are good examples in the criminal justice system where parents in detention can stay in touch with their children?
03.
What would be the benefits of small-scale forms of detention as opposed to large-scale prisons?

COMMUNITY​

Meet colleagues across Europe pursuing the same goal. Contribute your knowledge to the community. Be the first to hear the latest developments on small scale forms of detention. Unlock your curiosity and become part of the RESCALED community.

COMMUNITY​

Meet colleagues across Europe pursuing the same goal. Contribute your knowledge to the community. Be the first to hear the latest developments on small scale forms of detention. Unlock your curiosity and become part of the RESCALED community.

Liz Ayre
[France] Liz Ayre, PhD, Executive Director of Children of Prisoners Europe (COPE). Liz participated in the drafting of the 2018 Council of Europe Recommendation CM/Rec(2018)5 concerning children with imprisoned parents and the UN Global Study on Children Deprived of Liberty. Furthermore, she served as a principal researcher for the transnational EU-funded FP7 Framework study Children of Prisoners: Interventions and Mitigations to Strengthen Mental Health (Coping Project, 2010-2013). For more information: liz.ayre@networkcope.eu
Jana Smiggels Kavková
[Czech Republic] Jana Smiggels Kavková, an advocacy expert at RUBIKON Centre (an NGO supporting people with criminal past), chairs the Association of Organisations Working in Penal Affairs and serves as the national coordinator for RESCALED in the Czech Republic. With a background in political science from Leiden University, Netherlands, she has been active in the civic sector since 2005. For more information: kavkova@rubikoncentrum.cz
Annelyn Smit
[Netherlands] Annelyn Smit works as an entrepreneur and has a commercial background. She joined RECALED at the beginning of 2022. When she experienced the impact of an incarcerated parent herself, she decided that she wanted to make a change in the current prison system. Annelyn believes in the importance of reintegration and rehabilitation. For more information: info@notmycrime.nl
Olta Qejvani
[Albania] Olta Qejvani is currently a Lecturer at Aleksander Moisiu University, bringing experience from previous roles at Council of Europe, Congress of Local and Regional Authorities, Department of Public Administration, Prime Minister's Office, Albania, Albanian Helsinki Comitee and Children Today Centre. She has been working for many years into three main areas: civil society, academic arena and public administration. For more information: olta.qejvani@hotmail.com
Frank de Bruyn
[Netherlands] Frank de Bruyn is an author, and a speaker and gives workshops and lectures at penitentiary centers and schools. He also works as a youth coach at YETS Foundation to support the younger generation. He was a former inmate of the Italian penitentiary system. He was wrongfully accused of drug trafficking. After his release, he wrote a book about that episode of his life. For more information: penvoorjeleven@gmail.com
Nick De Ridder
[Belgium]
Part II. INDIVIDUAL

Human dignity and identity

Art. 12

Mothers, fathers, families

  1. Parental rights and responsibilities must be respected and promoted during the execution of the sentence through a parental empowerment approach.
  2. The father or mother deprived of their liberty shall be close to their children, and a family-friendly detention house should take preference.
  3. The detention house shall promote the involvement of the local community in supporting the families of people deprived of their liberty in detention houses.
  4. The detention house shall provide for adequate spaces for parents to receive their children and encourage the maintenance and improvement of relations between incarcerated individuals and their families.
Art. 13

Foreign nationals

  1. Foreign nationals shall be placed in detention houses close to transport facilities that enable their families to visit them and, if possible, alongside other foreign nationals of their own nationality,
    culture and language.
  2. The detention house shall collaborate with organisations from the local community to provide peer-to-peer support for incarcerated foreign nationals.
  3. Interpreters shall be made available and opportunities to learn the local language shall be provided to enable foreign nationals to communicate and be autonomous in their interaction with the local community.
PART III. FACILITY

Architectural environment

Art. 30.7

The architecture shall encourage meaningful social interactions through e.g., child-friendly areas and furniture or decoration that provides a homely feel or opportunities for conversation. Meaningful timeuse shall be facilitated through spaces suitable for workshops, education classes and physical activities.

PART III. FACILITY

Social climate - communication

Art. 46

People held in detention houses shall be allowed to communicate with loved ones, other persons and representatives of outside organisations as often as possible.

  1. Communications shall be allowed by visits, email, telephone, letter or other forms, and provided at no charge by the detention house.
  2. National law and internal regulations of the detention house shall specify the modalities of communication. Any restriction must be justified.
  3. The arrangements for visits shall be such as to allow residents to maintain and develop family relationships in as normal a manner as possible and adapted to residents and visitors’ special needs.
  4. Staff and prison authorities shall assist residents in maintaining adequate contact with the outside world and provide them with the appropriate welfare support to do so.
  5. Any information received of the death or serious illness of any near relative shall be promptly communicated.
  6. Residents shall be authorised to leave detention houses either under escort or alone in order to visit a sick relative, attend a funeral or for other humanitarian reasons.
  7. People in detention houses shall be allowed to inform immediately their families, the nearest relative and any other person previously designated of their placement or transfer to another facility.
  8. People in detention houses shall be allowed to inform immediately their families, the nearest relative and any other person previously designated immediately of any serious illness or injury they may suffer.
PART III. FACILITY

Time and time-use

Art. 51
Process of placement
  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.
PART IV. Community
Art. 54

Restorative justice

  1. Restorative justice shall be applied when it is determined to benefit the well-being of individuals involved, including victims and family members.
  2. Restorative justice processes shall provide opportunities for open communication and dialogue between individuals in detention and those impacted by their actions. Mediation, facilitated conflict settlement, restorative conferences or restorative circles should be employed to foster understanding and healing.
  3. Training and education on restorative justice principles and practices shall be provided to both staff and individuals in detention to ensure a comprehensive understanding of the process and its importance in the reintegration process of those in detention.
  4. If in any instance, it benefits the well-being of people involved (victims, family members) that the person in detention lives close by, the possibility shall be offered in terms of restorative justice.
  5. Restorative justice initiatives within detention facilities shall prioritize the needs and well-being of individuals impacted by the transgressive act. Victims and their families should have a role in the design and implementation of these initiatives to ensure their interests are considered.
  6. During the stay in a detention house, the person in detention shall be enabled to restore the harm caused by the offense both symbolically, financially and emotionally.
  7. Using Restorative Justice principles and approaches the CoE recommendation on Restorative Justice shall be applicable within the practice of detention houses (inside and in the local community).

THE EUROPEAN RULES ON DETENTION HOUSES​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

European Rules on Detention Houses [ERDH]

THE EUROPEAN RULES ON DETENTION HOUSES​​

The European Rules on Detention Houses (ERDH) is a milestone document for the criminal justice system and reflects the larger impact of this system on society. Drafted by representatives with different legal and cultural backgrounds from all regions of Europe, the ERDH were launched on October 31st as common standards to implement small-scale, differentiated and community-integrated detention houses in the European Union, as part of a pivotal change already happening in criminal justice systems across Europe. The ERDH set out the ecosystem of a detention house on its own and as part of, and within a community and society, emphasizing sustainability. As the European Prison Rules have been common standards for large-scale prison institutions, the European Rules on Detention Houses shall form essential standards for detention houses, in order to guarantee a way of liberty deprivation that is humane and more fit for the 21stcentury.

Part II. INDIVIDUAL

Human dignity and identity

Art. 12

Mothers, fathers, families

  1. Parental rights and responsibilities must be respected and promoted during the execution of the sentence through a parental empowerment approach.
  2. The father or mother deprived of their liberty shall be close to their children, and a family-friendly detention house should take preference.
  3. The detention house shall promote the involvement of the local community in supporting the families of people deprived of their liberty in detention houses.
  4. The detention house shall provide for adequate spaces for parents to receive their children and encourage the maintenance and improvement of relations between incarcerated individuals and their families.
Art. 13

Foreign nationals

  1. Foreign nationals shall be placed in detention houses close to transport facilities that enable their families to visit them and, if possible, alongside other foreign nationals of their own nationality,
    culture and language.
  2. The detention house shall collaborate with organisations from the local community to provide peer-to-peer support for incarcerated foreign nationals.
  3. Interpreters shall be made available and opportunities to learn the local language shall be provided to enable foreign nationals to communicate and be autonomous in their interaction with the local community.
PART III. FACILITY

Architectural environment

Art. 30.7

The architecture shall encourage meaningful social interactions through e.g., child-friendly areas and furniture or decoration that provides a homely feel or opportunities for conversation. Meaningful timeuse shall be facilitated through spaces suitable for workshops, education classes and physical activities.

PART III. FACILITY

Social climate - communication

Art. 46

People held in detention houses shall be allowed to communicate with loved ones, other persons and representatives of outside organisations as often as possible.

  1. Communications shall be allowed by visits, email, telephone, letter or other forms, and provided at no charge by the detention house.
  2. National law and internal regulations of the detention house shall specify the modalities of communication. Any restriction must be justified.
  3. The arrangements for visits shall be such as to allow residents to maintain and develop family relationships in as normal a manner as possible and adapted to residents and visitors’ special needs.
  4. Staff and prison authorities shall assist residents in maintaining adequate contact with the outside world and provide them with the appropriate welfare support to do so.
  5. Any information received of the death or serious illness of any near relative shall be promptly communicated.
  6. Residents shall be authorised to leave detention houses either under escort or alone in order to visit a sick relative, attend a funeral or for other humanitarian reasons.
  7. People in detention houses shall be allowed to inform immediately their families, the nearest relative and any other person previously designated of their placement or transfer to another facility.
  8. People in detention houses shall be allowed to inform immediately their families, the nearest relative and any other person previously designated immediately of any serious illness or injury they may suffer.
PART III. FACILITY

Time and time-use

Art. 51
Process of placement
  1. No person shall be admitted to or held in a detention house without a valid commitment order, in accordance with national law.
  2. At admission the following details shall be recorded immediately concerning each person in detention:
      a. information concerning the identity of the person in detention;
      b. the reasons for commitment and the authority for it;
      c. the day and hour of admission;
      d. an inventory of the personal property of the person in detention that is to be held in;
      e. any visible injuries and complaints about prior ill-treatment;
      f. subject to the requirements of medical confidentiality, any information about the person’s health that is relevant to the physical and mental well-being of the person in detention or others;
      g. if the person has children and how the relationship is with their children;
      h. social situation of the person; and
      i. which future goals the person has and ways to achieve these goals.
  3. At admission all persons shall be given information about their stay in the detention house.
  4. The risk assessment process shall be clearly explained and integrated into the program. Persons shall be aware that it is a standard part of their program and this shall be contractually defined.
  5. Immediately after admission notification of the detention of the person shall be given to closest family or friends.
  6. Any available information about the social situation of the person in detention shall be evaluated together with the person itself, family, friends and other professionals previously involved in the life of the person in detention in order to deal with the immediate personal and welfare needs.
  7. Allocation and accommodation
      1. Individuals shall be allocated to detention houses within 50 kilometers of their last residence or city where people will integrate into the community. When decided to not reintegrate in the former social environment, it is possible to allocate, in mutual agreement, the person within 50 kilometers of the future residence.
      2. Whenever appropriate, allocation of a person to a specific detention house shall be communicated to people involved (victims, family members) in the crime for which the person has been convicted or charged with.
      3. As far as possible, people in detention shall be allocated to the detention house that most closely meets their needs. During their detention, people in detention will move from house to house according to their process and security needs.
      4. Every transfer to another detention house will be communicated with the victims, family and other relatives.
      5. A place in a certain detention house can be refused at any time by the management of the house, national institutions or the victims.
      6. The accommodation of a detention house shall be as homely as possible in regards to normalisation.
PART IV. Community
Art. 54

Restorative justice

  1. Restorative justice shall be applied when it is determined to benefit the well-being of individuals involved, including victims and family members.
  2. Restorative justice processes shall provide opportunities for open communication and dialogue between individuals in detention and those impacted by their actions. Mediation, facilitated conflict settlement, restorative conferences or restorative circles should be employed to foster understanding and healing.
  3. Training and education on restorative justice principles and practices shall be provided to both staff and individuals in detention to ensure a comprehensive understanding of the process and its importance in the reintegration process of those in detention.
  4. If in any instance, it benefits the well-being of people involved (victims, family members) that the person in detention lives close by, the possibility shall be offered in terms of restorative justice.
  5. Restorative justice initiatives within detention facilities shall prioritize the needs and well-being of individuals impacted by the transgressive act. Victims and their families should have a role in the design and implementation of these initiatives to ensure their interests are considered.
  6. During the stay in a detention house, the person in detention shall be enabled to restore the harm caused by the offense both symbolically, financially and emotionally.
  7. Using Restorative Justice principles and approaches the CoE recommendation on Restorative Justice shall be applicable within the practice of detention houses (inside and in the local community).
EUROPEAN RULES ON DETENTION HOUSES [ERDH]

European organisations

Publications
1
2
3
4
5
6

Publications

International Coalition for Children with Incarcerated Parents (INCCIP)
International Coalition for Children with Incarcerated Parents (INCCIP)
UNODC: Bangkok Rules
UNODC: Bangkok Rules
Not My Crime
Not My Crime
Children of imprisoned parents: PRI
Children of imprisoned parents: PRI
Recommendation Council of Europe concerning children with imprisoned parents
Recommendation Council of Europe concerning children with imprisoned parents
Campaign 2022: Not my crime, still my silence
Campaign 2022: Not my crime, still my silence

"Not my crime, still my sentence"

This powerful film tells the story of four children affected by parental imprisonment. It was made in a collaboration between Ewelina Startek (project manager, Probacja Association), Sebastian Juszczyk (director, Juzz Media) and Mateusz Przylecki (art direction). It uses the real-life voice recordings of four children who each have a parent in prison (the characters seen in the film are all actors).

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Co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Commission. Neither the European Union nor the European Commission can be held responsible for them.

core values

Together, we want to create a space where everyone can feel accepted and respected – regardless of gender identity, skin colour, religion, ethnicity or ability. We assume that all participants come to our events with the best intentions and treat each other with respect.

Event measures will follow the sustainability charter for the EU2024 Presidency and give substance to the pursuit of sustainable consumption and production, the fight against global warming, the preservation of nature and biodiversity, the integration of the perspective of gender equality into policies, and the full participation of persons with disabilities on an equal footing with other citizens.