🔗 Share this article

A rights defender, while she was, was taken into custody near her home in early 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her family were informed to retrieve the body of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware what happened or whether she was given any postnatal care.

An International Crisis

Cases such as this are not rare within correctional systems around the world. Women carrying children are often held in appalling situations and not given proper healthcare. Some miscarry, others begin childbirth and give birth unassisted in a detention cell. Devastatingly, some babies perish while incarcerated.

"Countries believe it’s a few of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to female imprisonment.

"Incarceration is a harmful setting for women, not to mention someone who is expecting," she explains. "There’s so much studies that indicates how harmful it is. Many prisons were constructed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women in childbirth.

However, these guidelines are routinely ignored globally. "This is not considered a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women reveal beatings, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with guards for food or medical supplies.

"We has documented miscarriages and the death of several infants … it is certain there are more," reports a rights defender.

Reports also indicate women who were chained to medical beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Consequences

Data lists some countries as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely 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 before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

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. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the legal system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

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

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and drugs – are truly what we should be focusing on."