There is an international consensus that babies can be accommodated by prisons to live with their mothers from new-born. This situation appears to be settled, however their existence is invisible and to some it could be “unthinkable” to have babies in prison. Politicians and reformers are continually struggling to shape criminal justice policies to influence what is “thinkable” or “unthinkable”. The agonist perspective has been used to explore the contexts of the United States (Goodman, Page and Phelps, 2017), Scotland (Page, Phelps and Goodman, 2019) and Canada (Goodman and Dawe, 2015). The significance of this paper is the role of international alliances and the work of people within the United Nations, as well as activists in Australia and Canada. In particular, concerns from people at an international level have led to important developments within the human rights framework that affect women and children.
International human rights state that imprisonment for mothers with babies should be used as a last resort. Currently, there is no international agreement for the age limit of children in prison and a lack of consistency with the treatment of this minority population. This article is significant in its advocacy of using a theoretical approach that emphasises the benefits of using legislation, including international human rights frameworks. The premise of Therapeutic Jurisprudence (TJ) is that law influences emotional life and psychological well-being (Winick & Wexler, 2003). Significantly, the duty bearers of the Bangkok Rules (2010) include individuals from non-governmental organisations, local communities and the voluntary sector. This article examines the role of activists who represent the rights of women, practitioners who work in prisons and other potential stakeholders. Moreover it recognises the reality for creating a rights respecting culture in prisons across the globe is complex for babies in prison.
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