The rights of children living with their incarcerated mothers in South African prisons

Abstract

Children living in South African prisons with their incarcerated mothers continue to experience the harsh conditions experienced by their mothers when they were innocent. The Department of Correctional Services responsible for housing these mothers and their children was aware of the conditions that were not conducive for children living with their mothers in prison, as the facility was not meant to house children. 1 Regrettably, due to the circumstances that are predominant in South Africa, incarcerated mothers often find themselves in situations where they had to be with their babies in prison. 2 This research paper examines whether the rights of children living with their mothers in South African prisons are promoted, protected, and fulfilled in the prison system. Recommendations for improvements will be provided to the responsible Department so that these innocent children will not be the victims of poor implementation of the law.