This research notes that 66% of women in prison are mothers of dependent children.
The forcible separation of a child from its mother or father impacts on the child's rights under Article 8 of the European Convention of Human Rights, and thus courts are required to weigh up the child's rights against the seriousness of their parent's crime. This research questions the above and whether the courts always obtain information about children or whether they consider children's rights. 75 cases of the custodial sentences on mothers who care for a dependent child are explored in this study. Generally, the rights of the child were not considered when their mothers were sent to prison. Epstein argues that this is a problem in our legal process which, for social, legal and moral reseaons should be changed.
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