🔗 Share this article

A rights defender, while she was, was taken into custody near her residence in early 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were informed to collect the remains of her infant child. The reason of death has not been investigated, and the family does not know the circumstances or if she received any postnatal care.

A Global Crisis

Cases such as this are alarmingly common in detention centers internationally. Expectant mothers are often kept in appalling situations and not given medical attention. Some miscarry, others go into labour and give birth alone in a prison cell. Sadly, some babies die behind bars.

"Nations think it’s a small number of women so it’s not an issue, but that is incorrect," states a lawyer working on women's incarceration.

"Prison is not a good environment for women, let alone someone who is pregnant," she adds. "Extensive research that shows how harmful it is. Many facilities were designed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women in childbirth.

However, these standards are routinely ignored around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, situations for pregnant prisoners are reported to be "really critical". Family visits have been banned, and rights groups are barred from entry. Interviews with ex-inmates detail beatings, torture, and being denied essential items. Some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

It is also reported women who were chained to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Statistics lists some countries as having the most severe prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of babies succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager her baby died after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, poverty, violence and drugs – are really what we should be investing in."