prevention among peer support groups for both prisoners and prison
staffs?
Ms. Verma stated that there should be some guidelines developed by some
treaty bodies or the Special Rapporteur on the Right to Health and WHO.
Mr. Tanaka responded that recently, his colleagues in UNODC headquarters
office, Vienna were engaged in discussions on how to address mental health
issues. As far as he could recall, the materials regarding mental health issues
and best practices will be developed in the near future.
XI.
Mr. Mohan, Legal Aids Centre, Kuala Lumpur, Malaysia in his question
stated that there is another category of individuals in prison other than
men, women, and transgenders. He specifically referred to children of
inmates because there are foreign prisoners in prisons where they do not
have relatives in Malaysia. When they are pregnant and deliver their babies
while in custody or while serving their sentences, they tend to keep their
babies with them because they cannot send them to the Welfare
Department and their babies need breastfeeding. How these rules govern
or take care of the welfare of those children who are not supposed to be
deprived of their liberty. How do those rules address this matter?
According to Mr.Tanaka, there are specific provisions in the Bangkok Rules
about pregnant women and mothers who breastfeed their babies in prison.
Rule 48 stipulates that, pregnant women prisoners who are breastfeeding
shall receive advice on their health and diet. Their health program shall be
monitored by a qualified healthcare practitioner. They are eligible to
adequate and timely food and healthy environment and regular exercise
opportunities shall be provided free of charge for pregnant women
prisoners, their babies, and breastfeeding mothers. Mothers who are
breastfeeding are not encouraged to be separated from their babies unless
they are required to do so.
Ms. Verma highlighted about the transparency in terms or the lack of data
because children whose parents are detained or imprisoned are often
invisible and highly vulnerable group. The challenge here is that there are
professionals in prison facilities who may not be properly qualified to deal
with the needs of children in detention together with their mother, family
member or primary caregiver. There is perhaps, at the national level a need
to conduct research of if there are some studies available to identify exactly
the needs and challenges in dealing with children in detention. While there
is the Mandela Rules, Ms. Verma personally thinks that a national specific
guideline that are also outlined in the Child Rights Convention on protection
of children could be referred as they echo the concerns that are raised in the
Mandela Rules but that is an added international standard that can be
referred to by relevant stakeholders.
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