How observation commissions should look after women and children

On 16 February 2010, at the Chernihiv Penal Colony, where pregnant women and women with children under 3 years of age sentenced to imprisonment are serving their sentences, a training seminar entitled “The Role of Observation Commissions and Civil Society Institutions in Ensuring the Observance of the Rights and Legitimate Interests of Pregnant Women, Nursing Mothers, and Women with Children under Three Years of Age Sentenced to Imprisonment” was prepared and held by the “Chernihiv Women’s Human Rights Centre” charitable organisation and the Chernihiv City Supervisory Commission.
Participating in the seminar were: members of the Chernihiv City Supervisory Commission, representatives of civic and charitable organisations of the city, government and local self-government bodies, bodies and institutions of the State Department of Ukraine for the Execution of Sentences in the Chernihiv region, and the media.
At the beginning of the seminar, the convicts were acquainted with the amendments made to the Criminal-Executive Code of Ukraine and published on 16 February 2010, regarding the ensuring of the rights of convicts in penal institutions, namely with the amendments regarding the serving of sentences by pregnant women, nursing mothers, and women with children under three years of age. In accordance with the amendments to Article 141 of the Criminal-Executive Code of Ukraine, convicted women have the right to place children under 3 years of age in Children's Homes that function within penal colonies, regardless of the severity of the crime and the term of imprisonment assigned by the court. Convicted women may reside with their children under 3 years of age in the Children's Home, and those who have not expressed a desire to reside with their child have the right to freely communicate with them without restrictions.
V. A. Badyra, Candidate of Law and Director of the “Chernihiv Women’s Human Rights Centre” charitable organisation, acquainted those present with the specifics of serving sentences of imprisonment by pregnant women and women with children under three years of age, and the legal grounds for the residence of women sentenced to imprisonment outside the penal colony, and the role of the supervisory commission in approving permits for residence outside the colony during the time of exemption from work due to pregnancy and childbirth, as well as until the child reaches 3 years of age. The convicted women were acquainted with their legal status after the decision to grant them the right to reside outside the penal colony was made.
Deputy Head of the Chernihiv City Supervisory Commission, H. M. Kropyva, informed the convicts about the conditions and procedure for release from serving a sentence with probation for pregnant women and women with children under three years of age.
Representative of the criminal-executive inspection of the city of Chernihiv, N. O. Dudka, told the convicts about the procedure for registration and monitoring the conduct of women released from serving a sentence in accordance with Article 83 of the Criminal Code of Ukraine, provided concrete examples of inappropriate conduct by convicts after release, and informed them about the legal consequences of such conduct.
Nataliia Ivanivna Denysova, chief specialist for labour and social protection of the population of the Novozavodskyi district, told those present about the system of providing social assistance to women upon the birth of a child, the establishment of guardianship, and assistance to single mothers.
Staff members of the penal colony and convicted women took an active part in the discussion of the issues raised.

Valentyna Badyra, Director
of the “CW HRC” charitable organisation