A CRITICAL ANALYSIS OF SELECTED ASPECTS OF THE SOUTH AFRICAN LEGAL FRAMEWORK PERTAINING TO CHILDREN LIVING IN PRISON WITH THEIR MOTHERS – WITH BRIEF COMPARATIVE COMMENTS

Abstract

This article contains a critical analysis of the South African legal framework applicable to children living in prison with their mothers. It focuses on aspects which the authors believe to be problematic in the legal framework, namely the procedure for the admission of children in prison with their mothers, the separation of children from their incarcerated mothers and the gender implications of the legal framework.
Recommendations for improving the current legal framework are made based on a comparative assessment of the South African framework against the relevant policies in England and Western Australia.