Barn i anstalt - en komparativ studie om barn till frihetsberövade föräldrar i Norden

Sammanfattning: In the beginning of the 20th century all Nordic countries except Norway introduced a possibility for imprisoned women to bring their infants with them during their sentence. The legislation was considered necessary due to the fact that the infant still was breast-fed by their mother. Child psychologist and psychoanalysist John Bowlby (from Great Britain) developed the affiliation theory during the 1950's. His theory is based on the fact that infants do not only depend on their parents to be nurtured, but they are also dependent on close contact with their guardians to be able to feel trust and security. By being observant to the infant’s signals and satisfying its needs the infant will create an affiliation-relationship with its parents. Bowlbys research also showed that separating the infant from its parents during the first year of its life could cause the infant permanent injury. This could manifest through an inability to develop close relationships with other people or feeling secure in its surroundings. 1989 the UN passed a convention regarding children's rights, which has since become the most important internationally binding document for the protection of children as individuals. For Sweden, as well as the other Nordic countries, this document has meant that all public authorities and private actors must use a child-perspective in all decisions regarding children. The convention states that children have a right to a meaningful relation to both its parents, irrespective of what might happen. This, however, does not involve a right for the child to live with its parents in prison. Although if the child is separated from its liberty deprived parent the state has to see to the child's needs and rights to its parent by other means. In Norway there is no such possibility for infants to live with their parents in prison, instead they see to the child's right through alternative solutions such as visits, furlough and sentence outside of prison. Sweden also uses the principle that infants by any means possible should be kept out of prison, but it is still possible by exception. Denmark and Finland allows children up to the age of three to live with its mother or father in special prisons. The Swedish criminal system and the other Nordic countries respective institutions has great consideration to children where one or both parents are deprived of liberty and has spent a great amount of time and resources to strengthen the position for those children over the last few years. Sweden, for example, has a project called "Fairy-tales from inside" which was initiated in 2008. Here parents are given the chance to record stories and give to their children so that the child can feel that its parent is present, even though they’re not involved in the direct care of the child. In Denmark the Engelsborg family house opened in 2005, where the prisoner has the possibility to serve a part of the sentence together with his or hers family - with hopes of strengthen the family bonds and help the children to affiliate with its parents. My study shows that children with liberty deprived parents needs help and support in their everyday life. I state that it is not easy to decide if to separate a child from its parent or allow it to live in prison with the parent – both alternatives is considered harmful to the child. My conclusion is that a thorough judgement has to be made in each unique case, where every aspect is taken into account and where it is certain that the child's best is at heart.