The process of socialization of children who are in jail with their mothers
Author: Maria Gonzalez, email@example.com
Department: Ciencias Sociales
University: Universidad Catolica Argentina, Argentina
Supervisor: Dra Silvia Balzano
Year of completion: In progress
Language of dissertation: Argentina
Areas of Research:
Women in Society
, Institutional Ethnography
According to the formulation of the problem, the situation of children in prisons with their mothers is framed within a diversity of perspectives: Turano (2014) states that, "in the prison environment, girls and children must face the same difficulties as their mothers in terms of securing their rights in education, health and links with the outside, but with a greater degree of vulnerability. " From here, therefore, a conflict scenario is generated where the permanent violation of children's rights predominates, within a framework of confinement. At a global level, the protection of the rights of children and adolescents has been the subject of the creation of new regulations and a paradigm shift in the conception of childhood. Through the International Convention on the Rights of Children and Adolescents of the United Nations (1989), children become subjects of rights where, in the face of a situation of violation of them, they must take into account what is denominates the best interest of the child
Argentina has ratified said convention through the National Constitution and has created Law 26.061 of Integral Protection of the Rights of Children and Adolescents (2005), in which it also determines children as subjects of rights and takes the same concept of the child's best interest. Although we can observe the existence of a normative body, both international and national, that would allow establishing a social scenario in which the respect of rights is contemplated so that children have a good psycho-social development within the breast family and through the parental link, there are two lines of analysis that understand the problem of imprisoned children. One of these positions, represented by the thought of H. David (2012) argues that "... contact with the mother in the first years of life is essential for the development of children. For this reason, we try to keep the child's mother together. There are two legislative options: the first is the deprivation of liberty of the mother and the child (the most frequent in Latin American legal orders) and the other option is to order the house arrest of the mother. Obviously, the first option involves the deprivation of a child's freedom, subjecting him to the harmful consequences of a process of institutionalization, only to guarantee his contact with the mother. We consider that in these cases there are less restrictive measures of freedom for the child, such as house arrest, guaranteeing both the fulfillment of the sentence and mother-child contact ".
In the same line, but focusing on the issue of infrastructure, Lora (2012) warns about "the need to develop public policies that address the problem with a multidimensional view, integrating the various actors involved in the issue. In addition, investment in prison structures and implementation of social programs in this area is needed, so that, if house arrest becomes unfeasible, and the strengthening of the family bond prevails, as an obligation of the State, the raising of children and girls, take place in an adequate environment and in the terms established by the national and international norms of integral protection of girls, boys and adolescents ".