In this working paper, Dr Natalie Booth, Dr Rebecca Foster, Dr Cara Jardine, Dr Isla Masson and Dr Francesca Pilotto compare policy and practice in the imprisonment of mothers with babies in Italy, Scotland and England & Wales.
This paper addresses the central tension in policies around the imprisonment of mothers with babies: the transformative potential of Mother and Baby Units (MBUs) in promoting secure mother-child attachments and the call to end incarceration of pregnant women and children all together. They note that decision-making in this area is guided by the ‘best interests’ of the child, which itself is a balance between two rights as set out in the Bangkok Rules (the UN rules for treatment of women prisoners): the rights of children to reside with their mothers or to be separated from their care.
To explore how these tensions and balances are addressed, the authors compare current approaches in England & Wales, Scotland and Italy.
The authors adopt this comparative analysis to illustrate that, even when jurisdictions all share the aim of promoting ‘the best interests of the child’, policy and practice surrounding the treatment of imprisoned mothers can differ greatly. The difference occurs, they argue, because these policies and practices are shaped by social and penal cultures. Once viewed this way it is possible to think more broadly about approaches to the imprisonment of mothers. For example:
Recognising how decisions regarding mothers facing imprisonment are culturally mediated prompts us to look beyond narrow questions of whether MBUs ‘work’ (for instance in promoting attachment), and instead to consider how the experiences of these women are shaped by broader penal sensibilities and social inequalities.
The Centre for Crime and Justice Studies’ working paper series publishes research and analysis of an exploratory nature. Working papers are not formally peer-reviewed, but are intended to stimulate reflection and discussion on current and relevant areas.
