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04524aam a2200493 i 4500 001 A18498D0CF3111EB9A1890BA3BECA4DB 003 SILO 005 20210617010040 008 200915t20212021enk b 001 0 eng 010 $a 2020041666 020 $a 0367698013 020 $a 9780367698010 035 $a (OCoLC)1196043336 040 $a IEN/DLC $b eng $e rda $c DLC $d OCLCO $d OCLCF $d UKMGB $d YDX $d SILO 042 $a pcc 043 $a f-ke--- 050 00 $a KSK4798 $b .M33 2021 100 1 $a Macharia, Alice Wambui, $e author. 245 10 $a Rights of the child, mothers, and sentencing : $b the case of Kenya / $c Alice Wambui Macharia. 264 1 $a Abingdon, Oxon ; $b Routledge, Taylor & Francis Group, $c 2021. 300 $a xiv, 176 pages ; $c 25 cm. 490 1 $a Routledge research in human rights law 504 $a Includes bibliographical references and index. 505 0 $a Exploring the United Nations Convention on the Rights of the Child from the lens of the children of incarceratd mothers -- Literature review; Rights of the child, mothers, and sentencing -- Evolution of women imprisonment in Kenya adn the effects of the incarceration on their dependent children -- Exploring the Kenyan sentencing guidelines from the lens of the children of incarcerated mothers -- Recommendations; The rights of the child, women, and sentencing. 520 $a "This book draws international attention to the autonomy of the child accompanying incarcerated mothers, and those they leave behind in the community as equal holders of human rights, despite being dependent on the convicted caregiver. Adopting a child rights perspective, this study explores how courts could go about sentencing mothers of young children for the commission of criminal offences, whilst protecting the rights of the child as envisaged under the United Nations Convention on the Rights of the Child (UNCRC). Drawing on the author's experience as a sentencer in the Kenyan court and with reference to domestic, regional and international law, the book argues that children's rights are presently left in abeyance when their mothers are sentenced to imprisonment, and that greater efforts should be made to recognize and give effect to the child's existence as an autonomous equal holder of human rights, despite being dependent on the convicted caregiver. It explores the application of precedence as well as the court's discretion in view of the dependent child, and concludes that policy reform in this respect calls for change in attitude and approach on women and children's issues. Observing that internationally, most women imprisoned with their children fall beneath the custodial threshold set by law, the research examines how current sentencing practices could be reformed, and suggests harnessing the Power of Mercy Committee, the Sentencing Guidelines and progressive practices from developed countries in protecting the child's rights by imposing non-custodial sentences for the offending mothers. It is concluded that in all jurisdictions, strict accountability for the dependent child should be situated with the judiciary, and that the same should be pronounced as a mandatory legal requirement"-- $c Provided by publisher. 630 00 $a Convention on the Rights of the Child $d (1989 November 20) 630 07 $a Convention on the Rights of the Child $2 fast $0 (OCoLC)fst01813686 650 0 $a Children of women prisoners $x Legal status, laws, etc. $z Kenya. 650 0 $a Children's rights $z Kenya. 650 0 $a Maternal deprivation $z Kenya. 650 0 $a Women prisoners $x Legal status, laws, etc. $z Kenya. 650 0 $a Women prisoners $z Kenya $x Family relationship. 650 0 $a Sentences (Criminal procedure) $z Kenya. 650 7 $a Children of women prisoners $x Legal status, laws, etc. $2 fast $0 (OCoLC)fst00855526 650 7 $a Children's rights $2 fast $0 (OCoLC)fst00856519 650 7 $a Maternal deprivation $2 fast $0 (OCoLC)fst01011990 650 7 $a Sentences (Criminal procedure) $2 fast $0 (OCoLC)fst01112638 650 7 $a Women prisoners $x Legal status, laws, etc. $2 fast $0 (OCoLC)fst01178408 651 7 $a Kenya $2 fast $0 (OCoLC)fst01208718 776 08 $i Online version: $a Macharia, Alice Wambui. $t Rights of the child, mothers and sentencing $d Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021 $z 9781003143291 $w (DLC) 2020041667 830 0 $a Routledge research in human rights law. 941 $a 1 952 $l OVUX522 $d 20231021024641.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=A18498D0CF3111EB9A1890BA3BECA4DBInitiate Another SILO Locator Search