Research Catalog

Rights of the child, mothers, and sentencing : the case of Kenya

Title

Rights of the child, mothers, and sentencing : the case of Kenya / Alice Wambui Macharia.

Author

Macharia, Alice Wambui

Publication

London ; New York : Routledge, Taylor & Francis Group, 2021.
©2021

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Details

Description

xiv, 176 pages; 25 cm.

Summary

"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"--

Series Statement

Routledge research in human rights law

Uniform Title

Routledge research in human rights law.

Subject

Bibliography (note)

Includes bibliographical references (pages 159-169) and index.

Contents

Exploring the United Nations Convention on the Rights of the Child from the lens of the children dependent on incarcerated mothers -- Literature review on the rights of the child, mothers, and sentencing -- Evolution of women imprisonment in Kenya and the effects of the incarceration on their dependent children -- Exploring the Kenyan sentencing guidelines in view of the children dependent on incarcerated mothers -- Recommendations: The rights of the child, women, and sentencing.

Call Number

ReCAP 22-1518

ISBN

9780367698010
0367698013

LCCN

2020041666

OCLC

1196043336

Author

Macharia, Alice Wambui, author.

Title

Rights of the child, mothers, and sentencing : the case of Kenya / Alice Wambui Macharia.

Publisher

London ; New York : Routledge, Taylor & Francis Group, 2021.

Copyright Date

Type of Content

text

Type of Medium

unmediated

Type of Carrier

volume

Series

Routledge research in human rights law

Routledge research in human rights law.

Bibliography

Includes bibliographical references (pages 159-169) and index.

Local Subject

Black author.

Research Call Number

ReCAP 22-1518

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