The Adequacy of the Child Rights Law Regime for the Protection of the Welfare of Children of the Prisoners in Sri Lanka

In recent decades, there has been a significant increase in the incarceration rate of prisoners for various reasons. This rise has also led to an increase in the number of children residing with their incarcerated parents. Despite these trends, specific laws addressing the welfare rights of these children in terms of education, health, safety, and nutrition seem to be lacking. Notably, the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders, known as the Bangkok Rules, adopted in 2010, represent the first international instrument addressing the needs of children living in prisons with their parents. However, neither the Prison Ordinance nor any other existing laws in Sri Lanka address the situation of children of prisoners.

This research aims to investigate and identify the legal framework necessary to safeguard the welfare rights of children living with their incarcerated parents while assessing the current legal status that should be taken into account to protect these rights in selected prisons and probation houses in Sri Lanka. A mixed-methods approach was employed for this study, utilizing a historical analysis to understand the evolution of related laws, a comparative legal analysis to draw insights from jurisdictions like Australia, England and Wales, India, and South Africa, and personal interviews to gather empirical data.

The findings, based on feedback obtained from interviews with prisoners with children in Welikada and Pallekale prisons, probation houses in Pamunuwa and Makola, prison authorities, child rights activists, and legal representatives, conclude that the existing legal framework is insufficient to address the rights of children of prisoners. Consequently, this research recommends the enactment of legislation to comprehensively govern and protect these children's rights.