‘The sins and traumas of fathers and mothers should not be visited on their children’
This chapter focuses on the rights of dependent children when their parents are sentenced for criminal offences. It provides an introduction to the harms which children suffer as a consequence of the imprisonment of their parents. The chapter considers whether sentencers take into account the impacts of a custodial sentence on those children. It examines the application of the United Nations Convention on the Rights of the Child 1989 (UNCRC) to children whose parents are facing imprisonment due to criminal convictions. The way in which the rights of a child as specified in the UNCRC are given consideration in adult sentencing proceedings is examined and is contrasted with the treatment of children separated from their parents by the state. The chapter concludes with a discussion of the implications of disregarding the rights of children rather than adopting an approach which upholds their rights.