🔗 Share this article

A human rights activist, who was, was taken into custody near her home in early 2024. Charged with a vague offense, she was imprisoned lacking proof. Three weeks later, her family received a call to collect the body of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or if she obtained any care after birth.

A Global Issue

These tragic stories are far from uncommon in prisons globally. Pregnant women are often held in terrible environments and deprived of proper healthcare. Some lose their pregnancies, others begin childbirth and give birth unassisted in a prison cell. Tragically, infants perish behind bars.

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

"Detention is not a good setting for women, especially not for someone who is pregnant," she explains. "Extensive research that demonstrates how harmful it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. These rules state that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also prohibit the use of restraints on women while giving birth.

Yet, these guidelines are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with ex-inmates detail assaults, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medicine.

"Our organisation has documented miscarriages and the loss of four babies … there will be more," reports a rights defender.

It is also reported women who were shackled to hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Data lists some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by reports of infants dying from illness and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a young woman her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for laws that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures for pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."