A rights defender, who was, was arrested near her home in March 2024. Charged with a vague offense, she was jailed lacking proof. Weeks afterward, her family received a call to collect the remains of her newborn baby. The reason of death remains unexamined, and the family has no idea the circumstances or whether she obtained any postnatal care.
An International Issue
Situations like these are far from uncommon in detention centers internationally. Women carrying children are often subjected to terrible environments and denied proper healthcare. Some lose their pregnancies, others begin childbirth and give birth alone in a prison cell. Devastatingly, some babies die while incarcerated.
"Countries think it’s a few of women so it’s not a problem, but that is a misconception," states a lawyer focused on female imprisonment.
"Detention is a harmful place for women, not to mention someone who is pregnant," she explains. "Extensive evidence that indicates how detrimental it is. Numerous prisons were constructed with male inmates in mind, so women were an secondary consideration."
Ignored Global Standards
It has been 15 years since the creation of international guidelines for the treatment of female prisoners. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of shackles on women during labour.
Yet, these standards are often violated around the world. "This is not considered a global gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."
Dire Situations in Packed Systems
In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.
"We has recorded pregnancy losses and the loss of several infants … there will be more," says a rights defender.
Accounts also tell of women who were chained to medical beds while in labor and gave birth while watched by male prison guards.
Severe Overpopulation and Its Effects
Statistics lists some nations as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."
Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by cases of babies dying from pneumonia and severe malnutrition in custody.
Stories from Around the Globe
In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"
These tragedies occur in wealthier nations. For example, a teenager lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord on her own.
Turning Trauma into Change
Some women have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit shackling and isolation for expectant inmates in multiple states.
A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.
"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.
Potential Reforms
Some nations have introduced policies regarding expectant mothers in the legal system. These include:
- Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
- Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
- Permitting the deferral of sentences for women who are pregnant.
Advocates and those who have been incarcerated argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.
"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and substance issues – are truly what we should be investing in."
