Milan Seminar. 2 nd. nd 5 th April Maria Helena Patrício Paes AGAINST SOCIAL EXCLUSION. mhpaes@prosalis.pt

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1 Criminal Justice nd Milan Seminar nd 5 th April 2009 AGAINST SOCIAL EXCLUSION Maria Helena Patrício Paes mhpaes@prosalis.pt Rua José Estêvão, n.º 137, 2.º Lisbon PORTUGAL Tel Fax:

2 First of all we must say it is a pleasure to be here today in Milan to present the work we carry on in this area. We also thank our project leader and partner for this opportunity and for all the interest and motivation shown with their work related to children with mothers in prison. Special greetings for all the other partners present here and for their work in this area. Some of you had the chance to participate in the last meeting in the 23 rd and 24 th January held in Lisbon, Portugal at the I PI. In Lisbon our partners had the chance to visit the experience developed by the Prison Establishment of Tires and to observe in the field how Portugal deals with this issue.

3 There is still many work to be done in this area. May we say that ICAM Project constitutes a real challenge in order to profit the know how and experiences of our partners together with our own experience allowing a new contribution to the mothers with children in prison. Indeed our reality is a little different from our partners. The number of children in prison is very small (36: 21 P.E. Tires and 15 P.E. Santa Cruz do Bispo) but, it is always important to be up to date with the experiences developed in EC countries like the ones present here today and, to reinforce all the answers given in Portugal. Our motivation and interest together with our Prison Services in Portugal will certainly contribute to achieve this important goal. As you may remember in the last meeting in Lisbon we had the support of all the entities involved in this area, their cooperation and interest.

4 We profit this moment to thank our State Secretary of Justice, the General Direction of Penitentiary Services, the Probation Services, the Prison Governors, the Minors Protection Commission, among many others for their support, to open their doors and to facilitate all the needed information, allowing a real partnership, network and exchange of information.

5 PROSALIS as a GO feels deeply recognized for their support. Without these entities we could not achieve all our daily work in the Prison Establishments, in transnational projects and in the implementation of new answers like the Support Unity for Social Integration of offenders which is our next service programmed to open. We have developed projects in 28 Prison Establishments all over Portugal.

6 Total of 686 Trainees Total of Hours of Training 55 Training Actions YEAR PRISO ESTABLISHME T TRAI I G AREA TIME (hours) YEAR PRISO ESTABLISHME T TRAI I G AREA TIME (hours) 1997 P.E. Lisbon Graphic Arts/Photography P.E. Tires Computer Science R.P.E. Vila Real Tailoring/Weaving P.E. Porto Hairdresser R.P.E. Aveiro Handicrafts/Pottery P.E. Coimbra Bindery P.E. Coimbra Tapestry P.E. Leiria Horticulture/Gardening P.E. Leiria Carpentry R.P.E. Setúbal Micro Computer Science P.E. Odemira Personal and Community Services P.E. P. Ferreira Canalization R.P.E. Guarda Condominium Maintenance Assistant R.P.E. Covilhã Computer Science P.E. C. Branco Hairdresser Assistant R.P.E. Coimbra Urban Handicrafts/Tapestry P.E. P. da Cruz Carpentry R.P.E. Évora Horticulture/Gardening P.E. P. Ferreira Electrician P.E. Porto Pastry/Bakery R.P.E. Vila Real Photography R.P.E. Lamego Civil Locksmith's R.P.E. Covilhã Computer Science P.E. Coimbra Piper P.E. P. da Cruz Piper R.P.E. Beja Urban Handicrafts/Tapestry R.P.E. Silves Computer Science P.E. Tires Community and Family Care P.E. Linhó Pastry/Bakery P.E. Carregueira Gardening and Green Spaces R.P.E. Vila Real Civil Loksmiths Workshop R.P.E. Braga Piper P.E. P. Ferreira Pastry/Bakery P.E. Porto Pastry/Bakery R.P.E. Guarda Electrician R.P.E. Coimbra Urban Handicrafts/Tapestry R.P.E. Elvas Mason P.E. P. Cruz Civil Construction Painting P.E. Sintra Piper P.E. V. Judeus Civil Locksmiths R.P.E. V. Real Civil Construction Painting S.P.E. S. C. Bispo Gardening and Green Spaces S.P.E. S.C. Bispo Hairdresser Assistant R.P.E. Guarda Electrician R.P.E. Coimbra Agricultural Production R.P.E. Beja Gardening and Green Spaces R.P.E. Beja Artisan Tapestry R.P.E. Faro Barman R.P.E. Vila Real Artisan Tapestry S.P.E. S.C. Bispo Community and Family Care P.E. P. Ferreira Civil Construction Painting R.P.E. Coimbra Gardening and Green Spaces R.P.E. Guarda Civil Construction Painting R.P.E. Aveiro Pottery R.R.E.. Beja Computer s Installation and Repair 830 6

7 EOEF CONFERENCE Portugal and PROSALIS had the opportunity to host the organization of the EOEF European Offender Employment Forum Conference named Making it work turning good practice into standard practice, on the 19 th and 20 th March, also at the I PI. Once again, we had the support of all Justice entities.

8 RECEPTION IN THE CIVIL GOVERNMENT OF LISBON

9 WOMEN IN PRISON Actually the convicted women represent about 6% of total prison population in Portugal.

10 LEGAL FRAMEWORK The juridical framework of the accomplishment of privative measures of liberty can be found in the By-Law n.º 265/79, of the 1 st August, changed by the By-Laws n.ºs 49/80, of 22 nd March and 414/85, of 18 th October, are presently in a process of legislative revue. This law considers the specific protection needs in the female penitentiary frame, such as: Possibility to get released of the working duty during the pregnancy, puerperium and other situations (art.º 64.º/3 e 203.º/2) as well as a general rule for the other women detained in similar situations the demand of a medical report previous to the application of certain security measures (art.º 114.º/3) and the doctor hearing in the case there is an application of disciplinary measures (art.º 137.º/4)

11 The right to have adequate medical assistance by the pregnant offenders, given birth women or those who have suffered a pregnancy interruption (art.º 97.º/1-2, 203.º e 204.º) The right to have with them their children until 3 years of age (art.º 206.º) Imposes that the Prison Establishments for detained women must have special sections either for pregnant women or for women with children under 1 year of age as well as kindergarden for their children (art.º 161.º) 11

12 Other important aspects: For the children it is guaranteed the food, adequate clothes in each growing phase, medical and pharmacological assistance, social support, education and cultural answers to their necessities. Children lives in prison context should be similar to the generality of the children who grow up in freedom environment.

13 MOTHER S HOUSE P.E. OF TIRES In the Prison Establishment of Tires as our partners had the chance to visit there is the Mother s house (since ovember 2000). The population of this house is constituted by: Pregnant Mothers with children until 3 years aged Mother with children with more than 3 years integrated in Children House (outside the Prison) Family of the women and the child who are also accomplishing sentence in prison

14 MOTHER S HOUSE P.E. OF TIRES ORIGINE OF THE CHILDREN: They come with mother from the outside when they are detained From the Family when requested by the detained mother Through Institutions as determined by the Court of Minors and Family

15 MOTHER S HOUSE P.E. OF TIRES: DEFINITIVE EXIT OF CHILDREN 3 years old release from the Prison Establishment and integration: at the family context in an Institution

16 MOTHER S HOUSE P.E. OF TIRES GOALS OF TEMPORARY EXIT OF CHILDREN: Linkage to the families living in freedom environment Approach to the external environment which may offer to the children other experiences of living Preparation of the final exit from Prison Establishment

17 TO CONCLUDE... ICAM Project can give an excellent contribute once as we told before the law is in a process of legislative revue, through the proposal of the law nº 252/X. One of the proposals is to extend the right to keep children with their mothers from 3 years age to 5 years age. PROSALIS certainly will inform our Portuguese partners about the work developed through the ICAM Project, the good practices and its evaluation. Our major wish is to contribute to the wellbeing of these children, their families in order to achieve a more fair and solidarity society.