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Wednesday 1 June 2011

* YOU BEEN SNAP * PRISONER NEWS"

Prisoner allowed to father a child from jail because of 'human right to a family life'

*MKILETEWA HAPA  NA FLORA LYIMO DESIGNER*

  • Criminal's artificial insemination paid by NHS
  • Ministers fear decision will damage faith in prison system
  • Five applications are still being considered
Decision: Justice Secretary Ken Clarke approved the inmate's demand for artificial insemination earlier this year
Decision: Justice Secretary Ken Clarke approved the inmate's demand for artificial insemination earlier this year"
A prisoner is being allowed to become a father from behind bars because of his human rights.
The inmate’s demand for artificial insemination with his partner was approved by Justice Secretary Kenneth Clarke earlier this year.
It is thought the treatment, which can cost up to £2,000 a time, is being paid for by the NHS.
The decision was based on the  prisoner’s ‘right to family life’ under Article 8 of the Human Rights Act.
The case follows that of burglar Wayne Bishop who was let out of jail last week so he could look after his children, using the same article.
Last night one Tory MP said that the combined impact of the two cases raised the prospect of criminals fathering children from behind bars simply to demand they be let out.
Philip Davies said it could amount to a ‘human rights get out of jail free card’.
The MP for Shipley said: ‘The public are sick to the back teeth of the human rights of criminals being put before the rights of decent law-abiding people, victims and taxpayers.
‘The whole point of being in prison is that your liberties are taken away from you. What’s the point of locking people up if this pseudo-court, with the help of Ken Clarke, is going to give them all their rights back?’

In 2007 murderer Kirk Dickson won the right to father a child by artificial insemination after a ruling by the European Court of Human Rights.
Ministers fought the case, arguing that losing the opportunity to have children was an inevitable result of being jailed, and that allowing access to fertility treatment would damage public trust in the prison system.
They also argued any child born to a parent who is absent for a long time while in jail could suffer as a result.
Damaged: MPs fought against the decision saying that allowing prisoners access to fertility treatment would damage public trust in the prison system
Damaged: MPs fought against the decision saying that allowing prisoners access to fertility treatment would damage public trust in the prison system"
But in its ruling the court dismissed  the public interest in proper punishment and the rights of victims as mere ‘public opinion’.
Since then no other prisoner has successfully applied for access to artificial insemination treatment. Sixteen applications have been rejected.
But an answer to a Freedom of Information Act request showed one prisoner was allowed fertility treatment this year.
His name, criminal history and sentence remain secret. Another five applications are still being considered by the Justice Secretary.
Philip Davies said the decision could raise the prospect of criminals fathering children from behind bars simply to demand they be let out.
Douglas Carswell said the move was another step towards criminals having more rights than ordinary citizens
Anger: Philip Davies said the public were 'sick to the back teeth' of criminals human rights being put first, while Douglas Carswell said it was another step 'towards an insane world where criminal have more rights than the rest of us"
Blair Gibbs, head of crime and justice at the Policy Exchange think tank, said: ‘Prisoners must be housed in safe and decent regimes with access to necessary health care, but this should not extend to expensive lifestyle treatments.
‘Private and family life is by definition compromised by imprisonment, as are other civic rights like the right to vote.
‘Prison is our society’s most serious punishment and it needs to be protected from the human rights industry that seems to want to turn it into a minor inconvenience.’ 
Tory MP Douglas Carswell said: ‘What’s the point of having a criminal justice system that locks people up if they end up with the same rights as others?
‘It’s another step towards an insane world where criminals have more rights than the rest of us.’

Neil Atkinson of the National Victims’ Association said: ‘It is amazing that Ken Clarke sees fit to help a convicted criminal to have a family when families bereaved through homicide are for ever deprived of such a human right.’
A Ministry of Justice spokesman said: ‘Prisoners may apply for access to artificial insemination facilities. The Secretary of State makes a reasoned decision taking account of all relevant information about the individual case. The Ministry of Justice will not provide any funding towards treatment.’
Article 8, the right to a family life, has repeatedly been used by foreign criminals to avoid deportation from the UK. Last year more than 200 foreign prisoners, including killers, used it to stay in the country.
The latest case follows fury over the attempt by the European Court of Human Rights to force ministers to give prisoners the right to vote, following a case brought by axe killer John Hirst in 2004.

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