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Book Cover
E-book
Author Macharia, Alice Wambui

Title Rights of the Child, Mothers and Sentencing The Case of Kenya
Published Milton : Taylor & Francis Group, 2021

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Description 1 online resource (193 p.)
Series Routledge Research in Human Rights Law Ser
Routledge Research in Human Rights Law Ser
Contents Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Foreword -- Abstract -- Acknowledgements -- Acronyms -- Table of cases -- Chapter 1 Introduction: The rights of the child, women and sentencing: The case of Kenya -- 1.1 Chapter abstract -- 1.2 Introduction -- 1.3 Theoretical framework -- 1.4 Methodology -- 1.5 Conclusion -- Chapter 2 Exploring the United Nations Convention on the Rights of the Child from the lens of children dependent on incarcerated mothers -- 2.1 Chapter abstract -- 2.2 Introduction -- 2.3 Background to the study
2.4 The four guiding principles -- 2.5 The three clusters of rights under the UNICEF model -- 2.6 Conclusion -- Chapter 3 Literature review on the rights of the child, mothers and sentencing -- 3.1 Chapter abstract -- 3.2 Introduction -- 3.3 Literature review on the imprisonment of women -- 3.4 Problems experienced by children left outside prison as the mother serves the sentence -- 3.5 The widespread practice of putting babies in prison -- 3.6 Debate in support of Mother and Baby Units (MBUs) -- 3.7 Conclusion
Chapter 4 Evolution of women imprisonment in Kenya and the effects of incarceration on their dependent children -- 4.1 Chapter abstract -- 4.2 Introduction -- 4.3 Justice before and after the advent of colonialism in Kenya -- 4.4 Women's imprisonment in Kenya -- 4.5 Children accompanying their incarcerated mothers in Kenya -- 4.6 Children left outside as the mother serves custodial sentences in Kenya -- 4.7 Society's patriarchal mindset working against women internationally -- 4.8 Conclusion
Chapter 5 Exploring the Kenyan Sentencing Guidelines in view of the children dependent on incarcerated mothers -- 5.1 Chapter abstract -- 5.2 Introduction -- 5.3 Background to the study -- 5.4 Key principles underpinning sentencing -- 5.5 The general objectives of sentencing -- 5.6 How courts approach sentencing and use of penal sanctions in Kenya -- 5.7 Non-custodial measures recognised in Kenya -- 5.8 The process of using Sentencing Guidelines in determining the appropriate sentence -- 5.9 Special consideration for specific groups of offenders -- 5.10 Exploring the court's discretion
5.11 Implications of the Sentencing Guidelines for the sentencing of mothers and elements therein that may support the removal of their children from prison -- 5.12 Conclusion -- Chapter 6 Recommendations: The rights of the child, women, and sentencing -- 6.1 Chapter abstract -- 6.2 Introduction -- 6.3 Enhancing some non-custodial orders and practices to avert the flow of children into prison -- 6.4 Penalties and practices available in other jurisdictions that may be implemented in developing countries
Notes Description based upon print version of record
6.5 Examining the application of precedence set by case law in view of child-related mitigation
Subject Children of women prisoners-Legal status, laws, etc.-Kenya
Children's rights-Kenya
Maternal deprivation-Kenya
Form Electronic book
ISBN 9781000348521
1000348520