This chapter examines the impacts of Cambodia’s formal legal system on the families of incarcerated mothers. The formal system, rooted in colonial legacies and shaped by post-conflict reforms, does not address the social, economic, and emotional impacts of maternal incarceration on low-income families in Cambodia. Predominantly designed for men, these systems do not adequately address the varied and complex needs of pregnant women, mothers, and their young children. Drawing on existing literature, policy analysis, media, and NGO reports, the chapter highlights how imprisonment—especially of mothers—exacerbates poverty, disrupts family cohesion, and hinders child development. Despite legal provisions and international frameworks advocating for alternatives to detention, the Cambodian justice system remains heavily reliant on custodial sentencing. Diversionary programs and early release schemes are vital alternatives to the current punitive system. This chapter argues that a more family-centred approach to justice—aligned with the UN Bangkok Rules and rooted in Cambodia’s social realities—is essential for reducing familial harms and supporting healthier communities. The chapter considers how the harms of the criminal legal system in Cambodia might be conceptualised, and how innovative responses could draw upon Cambodia’s rich history of traditional justice and local expertise.

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The Price of Punishment: Understanding the Impact of Maternal Incarceration on Low Income Families in Cambodia

  • Rachel Condry,
  • Billy Gorter,
  • Lena Johannsen-Herby,
  • Sam Ven

摘要

This chapter examines the impacts of Cambodia’s formal legal system on the families of incarcerated mothers. The formal system, rooted in colonial legacies and shaped by post-conflict reforms, does not address the social, economic, and emotional impacts of maternal incarceration on low-income families in Cambodia. Predominantly designed for men, these systems do not adequately address the varied and complex needs of pregnant women, mothers, and their young children. Drawing on existing literature, policy analysis, media, and NGO reports, the chapter highlights how imprisonment—especially of mothers—exacerbates poverty, disrupts family cohesion, and hinders child development. Despite legal provisions and international frameworks advocating for alternatives to detention, the Cambodian justice system remains heavily reliant on custodial sentencing. Diversionary programs and early release schemes are vital alternatives to the current punitive system. This chapter argues that a more family-centred approach to justice—aligned with the UN Bangkok Rules and rooted in Cambodia’s social realities—is essential for reducing familial harms and supporting healthier communities. The chapter considers how the harms of the criminal legal system in Cambodia might be conceptualised, and how innovative responses could draw upon Cambodia’s rich history of traditional justice and local expertise.