n Child Abuse Research in South Africa - Babies behind bars - hidden victims of policy and practice

Volume 12, Issue 2
  • ISSN : 1562-1383



Worldwide, law grants children special legal status to ensure their rights and protection. The complexity surrounding the prosecution of criminal cases involving pregnant females and mothers with young children remain controversial and become even more complicated and sensitive when pregnant women or mothers are incarcerated. It is argued that in this instance legal and policy frameworks contributes to the attrition of children of incarcerated mothers' rights. This article aims to analyse the policies and practices regulating the institutional care of children who stay with their incarcerated mothers. Apart from the legislative framework the article also examines the human rights implications of policies and practices regulating the institutional care of female offenders and their children.

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