Childhood is the most formative period of human life and how it is spent will greatly determine the fate of individuals. Spending this time in a home environment and alongside family members – especially the mother – is essential for a healthy transition into adulthood.

The significance of this period has allocated a considerable portion of scientists’ research and has attracted special attention in civilized societies. Legal scholars, agents of the legal field, and legal activists have also made efforts and utilized legal tools to ensure a safe and pleasant childhood for all children in the world. The Universal Declaration of Human Rights, as one of the most important international legal documents, specifically addresses childhood and the mother-child relationship and in Article 25, it states: “Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.”

Unfortunately, this desirable and ideal space for children has not always been available and various factors put it at risk. One of these factors is the imprisonment of mothers. For mothers who are sentenced to imprisonment due to committing a crime and as a result of a final court ruling, there are two main scenarios that can be imagined: either the child is separated from the mother and entrusted to another person or persons for care, or in order to prevent the child from being deprived of the valuable presence of the mother, the child is also kept in the designated environment for the execution of the imprisonment sentence (prison) and alongside the mother; two bad and unpleasant options that sometimes have no other solution than choosing one of them. The “Basic Principles for the Treatment of Prisoners” adopted by the first session of the United Nations in Geneva in 1955, which focuses on crime prevention and treatment of offenders, was approved by Economic and Social Council resolutions 633 of July 1957 and 2026 of

According to the sensitivity and importance of the subject and the necessity of establishing specific supportive rules for incarcerated women – especially those with young children – the United Nations adopted rules titled “United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders” in 2010 at the General Assembly, known as the Bangkok Rules, which specifically address this issue. One of the fundamental criteria in this set of rules regarding children is the consideration of the best interests of the child in the decision-making of relevant authorities and officials. For example, Rule 49 of this set states: “Decisions regarding allowing children to stay with their mothers in prison must be based on the best interests of the child. Children who are with their mothers in prison should never be treated as prisoners.” Or in the three-part rule 52, it is stated: “1. Decisions on whether a child should be separated from their mother must be based on individual assessment and the best interests of the child within

In the legal system of Iran, acceptable steps have also been taken in terms of legislation and setting regulations, and relatively effective rules can be seen in laws and regulations related to this issue. For example, in paragraphs A, B, and C of Article 501 of the Criminal Procedure Code, it is stated: “The execution of punishment in the following cases is delayed upon the discretion and order of the judge of execution of sentences: A- during pregnancy, B- after childbirth, up to a maximum of six months, C- during breastfeeding, up to the child reaching the age of two.” Unfortunately, the mention of the discretion and order of the judge of execution of sentences has given this judicial authority extensive and non-specialized powers, and in practice, we see that judicial authorities prioritize the interests of the judicial system instead of considering the best interests of children. In Article 523 of the same law, it is also stated: “Children under the age of two should not be separated from a

In Article 158 of the Executive Regulations of the Prisons and Correctional Measures Organization of the country, provisions have been made for the care of children of incarcerated mothers. Among these, it is stated in section (a) of this article: “Imprisoned mothers can keep their breastfeeding child in the [prison] institution until the age of two. An extension of this period up to a maximum of six years is possible with the approval of the Classification Council.” Unfortunately, the composition of the Classification Council, as stated in Article 23 of the same regulations, lacks experts and specialists in the field of child and educational affairs, and therefore it cannot be expected that the decisions of the Classification Council will be in line with the best interests of the child. In sections (p) and (t) of this article, the need for providing hygiene supplies for female prisoners and considering a special diet for pregnant women, breastfeeding infants, and their mothers is also mentioned. The footnote of this article

Despite all this, what we see in practice is the publication of various reports on the dire and deplorable situation of mothers and children in the country’s prisons, which reflects the lack of serious determination by authorities and officials in enforcing these existing laws and regulations and their disregard for this important and vital issue. Of course, it can be said that this inappropriate situation is a result of the overall unsuitable conditions of the country’s prisons and the dominance of a medieval perspective on the issue of punishment among policymakers and enforcers of the country’s criminal system.

At the time of writing this article, news has been published in the media and news agencies indicating the miscarriage of Mrs. Saba Azarpik, a journalist and media activist, as a result of the implementation of her imprisonment sentence. This sad news shows that the protection of pregnant women and their special care for their health, using existing legal capacities, does not have a special place in the actions of law enforcement officials.