THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT for the children’s upbringing is to “be as close as possible to that of a child outside prison.”150 4.98 In Malaysia, the Prisons Regulations 2000 (Regulation 13) provides “that a child under the age of three years may be admitted with his or her mother and the child may be provided with basic necessities for the child’s maintenance and care by the Director General. When any child has presumably attained the age of three years, the Medical Officer shall report if it is desirable or necessary that the child should be longer retained and except by special authority of the Director General, a child shall not be kept in prison with his mother after attaining the age of four years.” 4.99 While the Commission applauds the Prison authorities for recognising that young children who are forcibly separated from their mothers experience long-term developmental and emotional harm, it is concerned that not all prisons have mother and baby units/cells, with special facilities to support the mother and the child’s development. The Commission observed that in certain prisons, new mothers and their infants were placed in the same cell with other female prisoners (without children). The Commission expresses its concern over the risks and safety issues in such arrangements and recommends that the authorities seek better ways to ensure the safety, health and development of children and infants in all prisons. 4.100 Although the Regulations provide for children to be placed with their mothers in prison, the Commission also notes that there are no nursery programmes in place in prison. To its credit, the Kajang Women’s Prison created a Nursery, on its own initiative and funding, allowing selected prisoners with babies to attend nursery programmes. This in the Commission’s view must be praised and recognised as a good practice. The Commission strongly recommends that a federal policy on how to deal with children born to mothers in jail, particularly in terms of their education, well-being and safety be put in place. 150 Rule 51 of the Bangkok Rules: 1. Children living with their mothers in prison shall be provided with ongoing health-care services and their development shall be monitored by specialists, in collaboration with community health services. 2. The environment provided for such children’s upbringing shall be as close as possible to that of a child outside prison. 87