Restrained, Alone and Scared: The Grim Situation for Female Prisoners Made to Give Birth in Detention.

A human rights activist, who was, was arrested near her residence in early 2024. Accused with a broad allegation, she was jailed lacking proof. Three weeks later, her family received a call to collect the body of her infant child. The cause of death has not been investigated, and her loved ones has no idea what happened or if she was given any postnatal care.

A Global Crisis

Situations like these are alarmingly common within correctional systems around the world. Expectant mothers are often held in deplorable conditions and deprived of proper healthcare. Miscarriages occur, others deliver and have their babies by themselves in a cell. Tragically, infants perish in custody.

"Governments assume it’s a small number of women so it’s not an issue, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she explains. "There’s so much studies that demonstrates how harmful it is. Many prisons were constructed with men in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. These guidelines clearly say that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

However, these standards are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Family visits have been banned, and independent monitors are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has recorded pregnancy losses and the death of four babies … there will be more," says a rights defender.

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

Overcrowding and Its Consequences

Statistics shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."