Samenvatting

A substantial number of children are confronted with the detention of their mothers. Empirical research shows that these children’s well-being is seriously affected, although no study has been able to assess whether a mother’s detention as such causes long-term damage. On the basis of children’s interests, this article defends the principle that mothers who are actively involved in raising their children should not receive a prison sentence but an alternative punishment, unless continuing care is detrimental to the children or if the legal order or interests of society and its citizens would be disproportionally threatened. The article ends with several practical implications.