Abstract

As the rate of incarcerated women increases, issues concerning pregnancy-related treatment and motherhood policies in jails continue to grow. Without proper federal and state laws in place, women’s basic human rights are violated in jails across the country, which puts both their physical and psychological needs at risk. However, an additional growing problem is the violation of the rights of children born to incarcerated parents. There is an inherent contradiction of providing children a chance to bond with their parents without treating them as prisoners. In my research, I will use a human rights lens to explore the rights children of incarcerated parents are guaranteed, by delving into specific policies and programs that have proved effective and ineffective. To do this, a closer inspection of state policy will be conducted, comparing outcomes from nursery-based incarceration programs and immediate separation at birth.