ABSTRACT
Irish mothers and babies are often remanded in English prisons. Likewise, it is not uncommon for English women to be held in Irish prisons. For those imprisoned as pregnant or as new mothers, their rights and that of their child (born and unborn) will differ, depending on where they serve their custodial sentence, irrespective of their nationality. The chapter identifies that both countries have legal mechanisms obligating them to support the rights and needs of babies in prison. Rights such as (but not limited to) the right to life and development, as outlined in Article 6 of the United Nations Convention on the Rights of the Child 1989, ought to be realised regardless of where the incarcerated mother is imprisoned. There are distinct differences between the two jurisdictions, particularly concerning the rights of the child to remain with the incarcerated mother. However, commonalities reveal conditions in both countries often fall short of those required to secure the rights and needs of unborn and new babies accommodated in prison, with devastating and long-term consequences, including the avoidable loss of life.
