Shackled, Isolated and Scared: The Grim Truth for Female Prisoners Made to Give Birth in Detention.

A rights defender, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The reason of death remains unexamined, and the family does not know what happened or if she received any care after birth.

A Worldwide Crisis

Situations like these are not rare in prisons globally. Expectant mothers are often kept in terrible environments and deprived of proper healthcare. Miscarriages occur, others go into labour and give birth alone in a detention cell. Devastatingly, some babies perish while incarcerated.

"Countries believe it’s a minority of women so it’s not an issue, but that is a misconception," states a lawyer focused on female imprisonment.

"Prison is not a good setting for women, especially not for someone who is expecting," she explains. "There’s so much studies that shows how detrimental it is. Most prisons were built with men in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of specific standards for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women while giving birth.

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

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates reveal assaults, torture, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medicine.

"Our organisation has documented pregnancy losses and the death of several infants … there will be more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as shown by reports of babies dying from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "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 also happen in more developed countries. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for laws that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the legal system. Among them are:

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the advocate.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, destitution, abuse and drugs – are truly what we should be investing in."