Rights of the Child, Mothers and Sentencing: The Case of Kenya

This book explores the autonomy of children accompanying incarcerated mothers and the need for greater efforts to protect their rights under the United Nations Convention on the Rights of the Child (UNCRC). It argues that children's rights are often left in abeyance when their mothers are sentenced to imprisonment and suggests reforming sentencing practices to impose non-custodial sentences for offending mothers. The book will be a valuable resource for academic, researchers, and policy-makers working in international children's rights law and criminal law.

Format: Paperback / softback
Length: 176 pages
Publication date: 29 August 2022
Publisher: Taylor & Francis Ltd

This book brings international attention to the autonomy of children accompanying incarcerated mothers, and those they leave behind in the community, despite being dependent on the convicted caregiver. Adopting a child rights perspective, the study explores how courts could go about sentencing mothers of young children for the commission of criminal offenses, while protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the authors experience as a sentencer in the Kenyan court and with reference to domestic, regional, and international law, the book argues that children's rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child's existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the courts discretion in view of the dependent child, and concludes that policy reform in this respect calls for a change in attitude and approach on women and children's issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines, and progressive practices from developed countries in protecting the child's rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement.

The book highlights the autonomy of children who accompany incarcerated mothers, and the challenges they face in the community, despite their dependence on the convicted caregiver. Adopting a child rights perspective, the study examines how courts can sentence mothers of young children for criminal offenses while safeguarding the rights of the child as outlined in the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the authors' experience as a sentencer in the Kenyan court and with reference to domestic, regional, and international law, the book argues that children's rights are often neglected when their mothers are imprisoned, and that greater efforts need to be made to recognize and uphold their autonomy as equal holders of human rights, despite their reliance.

The book explores the application of precedence and the courts discretion. Discretion in view of the dependent child, and concludes that policy reform in this regard requires a shift in attitude and approach on women and children's issues. It observes that internationally, most women imprisoned with their children fall below the custodial threshold set by law, and the research examines how current sentencing practices could be reformed to protect the rights of the child. The study suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines, and progressive practices from developed countries in protecting the child's rights by imposing non-custodial sentences for the offending mothers.

It is concluded that in all jurisdictions. Jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and the same should be pronounced as a mandatory legal requirement.

Weight: 360g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367698027