The care and protection of children of incarcerated parents from a children right-based perspective
(2.Department of Social and Behavioural Sciences, City University of Hong Kong)
【Abstract】Based on track investigations of children of incarcerated parents and related institutions for recent ten years, this paper finds out that the children of incarcerated parents lack the right to life, the right to being protected, the right to development, and the right to participation, as reflected in the following aspects: the responsible parties regarding guardianship and child-rearing are unclear; the social security and assistance have loopholes; the children’s education level and humanistic care are low; and the children’s independent choice and expression rights are restricted. We could realize the children’s rights supplement with two approaches. One approach is constructing a synergetic developmental child-welfare system; and the other approach is providing alternative, supportive, developmental and supplementary welfare services. Meanwhile, we could guarantee the realization of the rights regarding children of incarcerated parents through several action models, including government leading, institutional care, and relative rearing.
【Keywords】 children of incarcerated parents; children right-based perspective; care and protection;
(Translated by GUO Gengxun)
. (1) Children of incarcerated parents refer to the minors in de facto orphan state and in need of assistance because their parents break the law, namely, the minor children of the prisoners without effective guardianship because both parents are in prison, or one parent is in prison and the other one has died or lost the capacity, or because of other reasons. They are a special group with a narrower range than the minor children of the prisoners. [^Back]
. (2) See Crime Prevention Research Institute Research Group, Ministry of Justice. http://zqb.cyol.com/content/2006-07/04/content_1436001.htm [^Back]
. (3) See Leading Group for Preventing Juvenile Delinquency, Comprehensive Treatment of Social Management Committee of the Central Committee of the Communist Party of China. http://pkulaw.cn/(S(21ctss45i13hjxjvmt44tijw))/fulltext_form.aspx?Db=chl&Gid=71dcc6a91c38818ebdfb [^Back]
. (4) See Zhu, G. & Lin, K. http://roll.sohu.com/20130919/n386867366.shtml [^Back]
. (5) See Yang, J. http://www.hncourt.gov.cn/public/detail.php?id=19359 [^Back]
. (6) See Ministry of Civil Affairs of the People’s Republic of China. http://www.mca.gov.cn/article/gk/fg/shflhcssy/201507/20150715848518.shtml [^Back]
. (7) See Ministry of Civil Affairs of the People’s Republic of China. http://www.mca.gov.cn/article/fw/bmzn/shjz/flfg/201507/20150715848487.shtml [^Back]
. (8) Department of Child Welfare, Ministry of Civil Affairs of the People’s Republic of China. http://xxgk.mca.gov.cn:8081/n1360/159474.html [^Back]
. (9) The data come from Crime Prevention Research Institute Research Group, Ministry of Justice. http://zqb.cyol.com/content/2006-07/04/content_1436001.htm [^Back]
. (10) See Part 1 of the United Nations Convention on the Rights of the Child. https://www.un.org/zh/documents/treaty/files/A-RES-44-25.shtml [^Back]
Chang, Y. 在离开父母的日子里——中国首家罪犯子女儿童村纪实. Xi’an: Future Publishing House, (2000).
Chen, P. Social Science Front (社会科学战线), (11) (2017).
Chen, S. & He, X. Academic Forum (学术论坛), (8) (2014).
Fan, B. & Tong, X. Study and Practice (学习与实践), (8) (2017).
Hermann, H. Erfolgsgeheimnisse der Natur. Ling, F. (trans.) Shanghai: Shanghai Translation Publishing House, (2018).
He, R. Journal of North Minzu University (Philosophy and Social Science) (北方民族大学学报 (哲学社会科学版)), (6) (2017).
Liu, H. Law Science Magazine (法学杂志), (4) (2016).
Tan, X. Legal System and Society (法制与社会), (16) (2014).
Wang, J. & Kou, W. Youth Studies (青年研究), (5) (2013).
Wu, P. & Yu, P. Youth Exploration (青年探索), (4) (2015).
Yao, J. Law Science Magazine (法学杂志), (2) (2008).
Zhang, Z & Duan, Z. Management World (管理世界), (7) (2015).
Zhu, H. & Zhu, H. Youth Studies (青年研究), (4) (2008).
Block, Kathleen J. & Margaret Potthast 1998, “Girl Scouts beyond Bars: Facilitating Parent-child Contact in Correctional Settings.” Child Welfare 77(5).
Brown, Samantha et al. 2019, “Adverse Childhood Experiences and Their Relationship to Complex Health Profiles among Child Welfare-involved Children: A Classification and Regression Tree Analysis.” Health Services Research 54(4).
Colman, Ian, Michael E. J. Wadsworth, Tim J. Croudace & Peter B. Jones 2007, “Forty-year Psychiatric Outcomes Following Assessment for Internalizing Disorder in Adolescence.” American Journal of Psychiatry 164(1).
Cox, Martha J., Roger Mills-Koonce, Cathi Propper, Jean-Louis Gariepy 2010, “Systems Theory and Cascades in Developmental Psychopathology.” Development and Psychopathology 22(3).
Glaze, Lauren & Laura Maruschak 2008, “Parents in Prison and Their Minor Children.” Juvenile Justice Update 14(6).
Kjellstrand, Jean M. & J. Mark Eddy 2011, “Parental Incarceration during Childhood, Family Context, and Youth Problem Behavior across Adolescence.” Journal of Offender Rehabilitation 50(1).
Landreth, Garry L. & Alan F. Lobaugh 1998, “Filial Therapy with Incarcerated Fathers: Effects on Parental Acceptance of Child, Parental Stress, and Child Adjustment.” Journal of Counseling and Development 76(2).
Nesmith, Ande1 & Ebony Ruhland 2008, “Children of Incarcerated Parents: Challenges and Resiliency, in Their Own Words.” Children and Youth Services Review 30(10).
Phillips, Susan D. & Patricia O’Brien 2012, “Learning from the Ground Up: Responding to Children Affected by Parental Incarceration.” Social Work in Public Health 27(1–2).
Rebecca, J. Shlafer, Julie Poehlmann, Brianna Coffino & Ashley Hanneman 2009, “Mentoring Children with Incarcerated Parents: Implications for Research, Practice, and Policy.” Family Relations 58(5).