Maternal incarceration and child welfare in Sri Lanka

Abstract

Background: Sri Lanka's legal framework often overlooks incarcerated mothers and their children under five living in prisons. Consequently, the existing prison mandate disproportionately affects children, as inadequate nurturing disrupts key early childhood developmental domains: physical, cognitive, social, emotional, and language. Their mothers, from marginalised backgrounds, often face intersecting challenges of poverty, substance abuse, and domestic violence, creating systemic barriers to accessing legal aid, mental health support, and reintegration. International framework like the Convention on the Rights of the Child, Bangkok Rules and Tokyo Rules suggests best practices for their well-being. Nevertheless, Sri Lanka lacks effective mechanisms to safeguard the rights of children living in prisons with their mothers. Thus, the present report advocates for legal reforms and institutional support to safeguard the best interests of mothers and their children. Method: This study conducts a content analysis of existing legal frameworks in Egypt, Australia, Ethiopia, Kenya, and South Africa to compare Sri Lanka's legal frameworks: the Children and Young Persons Ordinance, and the Prisons Ordinance regarding incarcerated mothers in prison with children. Results: The findings revealed the themes: Enhanced Mother-Child Support, Community-Based Alternatives, Monitoring and Evaluation, and Holistic Reintegration. Findings show that progressive policies enhance maternal well-being and child welfare, while Sri Lanka's insufficient legal protections, poor prison conditions, and limited reintegration programs expose systemic child welfare failures. Conclusion: The study recommends non-custodial sentencing for non-violent offenses, child-friendly prison facilities, reintegration support programs for incarcerated mothers, and community-based interventions. Urgent legal reforms and institutional interventions are necessary to break cycles of poverty for vulnerable mothers and their children. Sri Lanka's policies need to align with international human rights standards in prisons for women and their children.