ABSTRACT
A woman who is pregnant, breastfeeding or accompanied by
children under three who breaks the criminal law, if her act is not covered in
the "dark number" may end up in prison despite her state of health and the need
of the child with her. This overrides the rights of the child in this age
group, but his best interests allow this child to stay with his mother in
prison.
This best interest of the child demands that the child,
although free, be kept in prison next to his mother. Accommodation in prison is
motivated, in everything and everywhere by its best interests. He can leave the
prison and enter as he wishes, accompanied by the agents of the social service
of the prison.
Pre- and post-natal follow-up for pregnant women should be
carried out in prison as well as other fetuses outside prisons. Prison
officials must ensure that births take place in hospitals. The health of these
children, like that of infants, is provided by health centers set up in central
prisons and are referred, if necessary, to hospitals near the prisons.
As food, purchased with a state subsidy budget (always beans
and corn flour or cassava), does not meet the health requirements of these
infants, supplements from NGOs are required. It's like hygiene. His
satisfaction is ensured by a soap donated per month per child on the budget
line, to which "men's lands" adds beauty oil and clothes. With regard to the
right to name and nationality, a child born in prison enjoys it with a ban on
mentioning that he was born in prison. In the maintenance of his best
interests, at the age of 3 years, the child is welcomed in the family of origin
and, failing this, in the reception centers, while keeping the mother-child
bond through the right of visit. In this, the education of the child in
preschool must be the object of a goal to be achieved for the child.
During our visit, we noticed that at the central prison of
Ngozi, childbirth takes place there and the worst part is that he is often
assisted by a prisoner (man) who responds to alerts from pregnant women in the
absence of assistance by hospital services. Food is too far inadequate for the
life of pregnant women and children living with their mothers. The state budget
does not provide for the outfit of these children. In most prisons as is the
case in Mpimba, there is no crèche, no facility for children's games and
this is likely to hinder the psycho-intellectual development of children born
or accompanying their children. mothers in prison. In others such as
Ngozi-femme, all the women sleep together.
XIII
The testimonies of the prisoners indicate that the agreement
from the authorities of the central prison of Mpimba is not automatic to go and
have children treated in hospitals by pediatric specialists.
Another point to note is that all women are sentenced to
custodial sentences regardless of the seriousness of the offense committed.
However, for the category of women who are pregnant or accompanied by young
children, it would be best, in order to safeguard the best interests of the
child, to consider imposing these penalties only in cases of extreme necessity.
That is to say in the event of a crime and not even for misdemeanors.
xiv
TABLE DES MATIERES
DEDICACE iii
REMERCIEMENTS iv
SIGLES ET ABREVIATIONS v
LISTE DES FIGURES vii
LISTE DES TABLEAUX viii
AVANT-PROPOS ix
RESUME x
ABSTRACT xii
TABLE DES MATIERES xiv
INTRODUCTION GENERALE 1
Problématique 2
Hypothèse de travail 3
Méthodologie 4
Délimitation 4
Intérêt du sujet 5
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