Not My Fault, But Still My Punishment - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, 13, 2 (2024) 5–22

DOI: 10.47745/AUSLEG.2024.13.2.01

Abstract. The aim of this study is to draw attention to the repercussions of parental detention on other family members, particularly children – whose development is a shared responsibility of both their parents and the state. Such impulses, whether arising from within the family or from the external world, exert both direct and indirect influences on the path to adulthood of children left to fend for themselves, imposing burdens they may carry throughout their lives. The family constitutes the primary arena for socialisation, and it is within this most intimate setting – intended to provide emotional security – that such minors often endure the greatest trauma. For many years, research has shown that depression, anxiety disorders in children, unrealistic fears of losing their parents, self-deprecation, stigmatisation, total isolation, or aggressive behaviour are closely correlated with parental imprisonment. Moreover, the mere experience of a parent’s arrest can itself cause emotional shock, profound confusion, fear, and distress. Although the Convention on the Rights of the Child provides broad and complex guarantees for safeguarding the best interests of the child – among which a healthy, harmonious, and supportive family environment is paramount –, there remains a lack of effective solutions and institutionalised forms of intervention that address the specific circumstances and needs of this vulnerable group. This shortfall persists despite the explicit prioritisation of the child’s best interests in several international instruments, such as the European Prison Rules.Even where personal contact is maintained, the processes of entering prison, as well as the prevailing conditions and control mechanisms, remain daunting. Consequently, in practice, many innocent minors suffer the negative consequences associated with the execution of a criminal sentence, although their only ‘sin’ is to have been born the children of such parents.

Keywords: children rights, Convention on the Rights of the Child, family relations, parental imprisonment, negative consequences, child socialization, trauma, mental health, resilience, human ecological system, aggression, ACE