The Value of Legal Certainty in the Protection of Breastfeeding Mothers as Inmates in Women's Correctional Institutions: An Analysis of Unlawful Acts Committed by Correctional Institutions

Abstract

Fulfillment of the rights of breastfeeding mothers serving sentences in correctional institutions is a legal issue related to the protection of human rights, women's rights, health, and the best interests of children. Being a prisoner results in restrictions on freedom based on court decisions, but does not eliminate the basic rights inherent in every human being. In practice, breastfeeding mothers as inmates may face limited access to health facilities, nutritional needs, breastfeeding facilities, and relationships with their children. This situation raises questions about the extent to which legal certainty can guarantee the fulfillment of breastfeeding mothers' rights and the limits of the correctional institution's authority in imposing restrictions. This study aims to analyze the legal certainty regarding the rights of breastfeeding mothers as inmates, identify forms of actions or omissions in correctional institutions that have the potential to be categorized as unlawful acts, and analyze legal protection and institutional responsibility in ensuring the fulfillment of these rights. This study uses a normative legal research method with a statutory and conceptual approach. Primary, secondary, and tertiary legal materials were obtained through literature studies and analyzed qualitatively. The results indicate that legal certainty is an important instrument to ensure the fulfillment of breastfeeding mothers' rights through clear norms regarding health services, nutritional needs, breastfeeding facilities, and mother-child relationships. Actions or omissions by correctional institutions that restrict these rights without legal basis, authority, or proportionate justification have the potential to create unlawful acts. Effective protection requires institutional accountability through the provision of adequate facilities, oversight, complaint mechanisms, and redress in the event of violations. Therefore, correctional institutions must balance security and order with respect for human rights and the best interests of children. The Value of Legal Certainty in the Protection … (Fulan) 422 LICS 2026 Topic: Strengthening Legal Frameworks for Combating Human Trafficking and Enhancing Protection of Women and Children