Does South African law and policy consider the best interests of the child when sentencing parents?

Abstract

South Africa has a high number of children with incarcerated parents. A number of factors have been found to have contributed to this phenomenon, including retributive justice policies. These policies have without doubt impacted on family structure, and even though there are laws and legislation that make provision for the child’s best interests to be of paramount importance in all aspects concerning children, there is still a lot that needs to be done to address the issue of children with incarcerated parents. It is important that further research is conducted on the conceptions of incarcerated parents and the impact that has on children. This study focuses on determining whether South African law and policy adequately considers the best interests of children when sentencing their parents. Research into the law and policies in different countries was undertaken. Most findings indicate that different countries have adopted varying policies with regard to children’s best interests.