THE RIGHTS OF THE CHILD BORN IN THE PENALTY INSTITUTION

Abstract

Purpose: to investigate the peculiarities of serving women who are pregnant and women who have children under the age of three, as well as the rights of the child in the penitentiary with the mother. Methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. Results: justification for the inappropriate stay of the child near the mother in the penitentiary while serving her sentence. Discussion: it has been found that a penitentiary is not the best place to educate and prolong a child’s stay, as it is a regime facility with specific rules that do not apply to children.

Certainly, in the case of committing a person of any crime, she should be punished, but what if a woman who is in a state of pregnancy or has a child who has not reached the age of three is found to be such a person? It is well-known that economic and social problems in society, above all, affect vulnerable groups of the population, to which they belong to this category of persons.

We believe that a child’s stay with his mother in a penitentiary institution while serving his sentence is inappropriate in view of the inferiority of the conditions of such a stay provided for by the legislature, as well as a violation of constitutional human and civil rights and human rights enshrined in international instruments, ratified by Ukraine. Therefore, a penitentiary institution is not the best place for upbringing and a long stay of the child, as it is a regime facility with specific rules that should not be enforced by children. From a young age, a child should become accustomed to a full-fledged society, to move freely, without restriction, in the area where he or she is, to communicate with other children, relatives, if available, and most importantly, to have proper medical examination and receive timely and quality medical care.