Best interest of children of incarcerated parents

Abstract

This paper is based on an analysis of the protection of the best interests of children whose parents are serving prison sentences in the Republic of Serbia. The research aims to identify mechanisms and legal frameworks directed towards their protection, particularly through the application of the principle of the best interests of the child. Through an analysis of relevant laws and legal standards concerning the rights of the child and individuals serving prison sentences, the paper identifies challenges that these children face during their upbringing. The research results indicate insufficiently clear definition of the principle of the best interests of the child, especially regarding the preservation of regular direct contacts between children and parents serving prison sentences. The importance of improving collaboration between professionals in the field of social welfare and the criminal justice system is emphasized, along with their continuous education to ensure adequate support and protection for this vulnerable group. In this regard, there is an indicated need for improvement of laws and policies related to children with parents in prison to ensure effective legal protection and support in the implementation of the principle of the best interests.