🔗 Share this article

A rights defender, who was, was arrested near her residence in early 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her relatives were contacted to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family remains unaware the circumstances or if she obtained any postnatal care.

A Global Issue

These tragic stories are not rare in detention centers globally. Women carrying children are often held in deplorable conditions and not given necessary care. Miscarriages occur, others deliver and have their babies unassisted in a detention cell. Tragically, some babies perish while incarcerated.

"Countries believe it’s a minority of women so it’s insignificant, but that is incorrect," says a legal advocate dedicated to women's incarceration.

"Detention is a harmful setting for women, especially not for someone who is pregnant," she continues. "There’s so much evidence that shows how damaging it is. Many prisons were built with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the establishment of international guidelines for the treatment of female prisoners. These rules specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women while giving birth.

However, these guidelines are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women detail beatings, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

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

Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Effects

Data lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by reports of babies dying from illness and malnourishment in custody.

Accounts from Different Continents

In one African country, a former inmate recalls being in a cell with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced 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.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

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

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and substance issues – are really what we should be investing in."