«The prison system still pays far too little attention to the needs of children»
Children have rights. These apply even if a parent is serving a custodial sentence. A new study shows that Switzerland could do a lot to improve this. Head of the study Patrik Manzoni talks about the current situation of affected children and where things are most lacking.
Mr Manzoni, you found out that there are not even any statistics in Switzerland on the number of children with an imprisoned parent. Where does this lack of interest in the welfare of children come from?
A good question. Until a few years ago, children's rights were clearly not on the radar. What can be said: In Switzerland, the penal system is regulated at cantonal level. There is no national consensus. This may be one explanation. As we were able to show in our study, there are serious differences throughout Switzerland.
What surprised you the most?
Although a lot has changed in the last ten years, the heterogeneity in the penal system alone, i.e. among the hundred or so prisons in Switzerland, remains striking. It ranges from committed institutions such as the Bernese women's prison in Hindelbank to the majority of institutions with little or no sensitivity for the welfare of children. There are neither uniform regulations nor minimum standards. In short: the penal system still pays far too little attention to the needs of children.
The topic is complex. Let's take a brief look at the gaps in the individual stages with a view to the welfare of the child. So arrest, criminal proceedings, prison. Where are the gaps?
Arrests are usually made early in the morning. In other words, when people are usually still asleep. Now imagine police officers tearing the father or mother from their sleep in their pyjamas and taking them away. This can be traumatising for children.
In some prisons, telephone calls can be made without restriction, in others only for ten minutes on three days a week.
When making an arrest, it is therefore essential to clarify in advance whether children are involved and, if so, to involve appropriately trained persons, such as social workers, to look after the children on site.
What about criminal proceedings?
In pre-trial detention, there are the fewest opportunities for contact and if there is, then only behind glass for legal reasons, for example due to the risk of concealment. Relatives often do not even know where the arrested parent is being held or that they could apply for a visit. As a rule, the arrested parent is not proactively asked whether he or she has children and wishes to have contact with them.
The parent, statistically speaking 90 per cent of the time the father, is now spending his sentence in prison. What about the contact options?
Here, too, the differences are great. From once a week to twice a month, totalling between four and eight hours per month. In some places, telephone calls are possible without restriction, in others only for ten minutes on three days a week. Video calls are also possible in some institutions, but not at all in others. Visiting times can also be flexible or static.
What concerns children most about the penal system?
Many affected children worry about the welfare of their parent. It is difficult for younger children to get a picture of prison. What does it look like there? Does the father have a bed and enough to eat or is he - as is often shown in films - lying in a dungeon on a bare stone floor with bread and water?
There are support programmes for children in French-speaking Switzerland and Ticino. There are practically none in German-speaking Switzerland.
Frightening scenarios can arise in a child's mind, which can cause additional anxiety . It would be helpful if the father could send a picture or a short video and show: «This is where I sleep, this is where I work. I'm fine.» This could help to reduce the already high level of stress.
And what happens if the child does not want any contact with the imprisoned parent?
This is of course respected. In some cases, the parents - whether still together or separated - no longer have a good relationship with each other. A contact centre could address the children's fears and concerns on neutral ground, without the influence of the respective parent. As already mentioned, the focus is on the child's well-being.
The four basic principles of children's rights:
The 54 articles of the UN Convention on the Rights of the Child are based on four fundamental principles. These are enshrined in the following articles:
The right to equal treatment.
No child shall be discriminated against on the basis of sex, origin, language, religion or colour. (Art. 2 UN CRC)
The right to respect for the best interests of the child.
When decisions are made that affect the child, the child's welfare takes priority. This applies both in the family and in state action. (Art. 3 UN CRC)
The right to life and development.
Children should be supported in their development and have access to healthcare and education. They must be protected from abuse and exploitation. (Art. 6 UN CRC)
The right to be heard and to participate.
The child should be able to express their opinion on all issues or procedures concerning them. Their opinion should be taken into account when decisions are made. This also includes being informed in an age-appropriate manner. (Art. 12 UN CRC)
Source: https://www.kinderschutz.ch/kinderrechte/uno-kinderrechtskonvention
There is a kind of Röstigraben between German-speaking Switzerland and French-speaking Switzerland with Ticino. Can you explain this in more detail?
In French-speaking Switzerland, the «Relais Enfants Parents Romands» (REPR) foundation offers an almost nationwide support programme for those affected. In Ticino, this is provided by the «Pollicino» contact centre. Both organisations are also active within prisons and organise afternoons where children can do things like arts and crafts with their imprisoned parents. In German-speaking Switzerland, comparable programmes are practically non-existent.
How do children perceive these offers?
They are very much appreciated. For example, the children can socialise with other children. There are also programmes that specifically support and promote the relationship with the imprisoned parent.
The study lists ten suggestions for improvement. These include more child-friendly visiting rooms. What does that mean in concrete terms?
The standard in most prisons so far is a room with several tables where inmates can socialise with their relatives. It is sometimes very noisy and offers little privacy. There are a few rudimentary toys for children, mostly a few old stuffed animals, incomplete puzzles or coloured pencils that are not sharpened. There is a lot of room for improvement. In addition, more family rooms should be created where individual families can be undisturbed for a few hours. These are only available in a few institutions.
10 suggestions from the study:
- Comprehensive sensitisation
- Creation and promotion of contact opportunities
- Organising contact opportunities in a child-friendly way
- Considering the family situation and children's perspective, representing children's interests
- Regulations, standardisation
- Resources, further training
- Networking, exchange, cooperation between stakeholders
- Contact point for relatives in the German-speaking part of Switzerland, national monitoring centre
- Recommendations regarding nationwide statistics
- Need for further research
Click here to go directly to the report on the situation of children with an imprisoned parent.
Click here to go directly to the study.
Where do you see a need for further action?
There is a need for nationwide contact centres for relatives in German-speaking Switzerland. Many are overwhelmed by the situation. How do I explain the whole thing to the child? What do I do if they are bullied at school because of it? How do I pay the rent if the main breadwinner is no longer there? How do I organise and finance the visit if it takes two hours to get there and back and the visiting time is two hours, meaning a whole working day or day off school would have to be taken into account?
In Copenhagen, it is possible for the family to serve their sentence together in open prison.
What do I do if the child longs for the imprisoned parent and the next visit cannot take place for another month? How do I deal with feelings such as anger, sadness, fear, powerlessness, shame and helplessness? In addition, however, all professionals and society as a whole need to be sensitised to the problem.
Are there any countries that Switzerland could learn from in this respect?
Yes, they do exist. Denmark is ahead of the game and has child welfare officers in its prisons. In the Engelsborg family centre in Copenhagen, it is even possible for the family to serve their sentence together in open detention.
That is impressive.
From a Swiss perspective, it sounds almost utopian. However, I am confident that many things will change and improve for the benefit of children in the coming years. Awareness of this is growing more and more.
