Bound, Isolated and Frightened: The Grim Reality for Female Prisoners Compelled to Give Birth in Detention.

A human rights activist, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was imprisoned without evidence. Three weeks later, her family were informed to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family has no idea the circumstances or if she obtained any postnatal care.

A Worldwide Issue

These tragic stories are far from uncommon in prisons around the world. Women carrying children are often held in appalling situations and deprived of proper healthcare. Some miscarry, others begin childbirth and have their babies by themselves in a detention cell. Devastatingly, infants die behind bars.

"Nations believe it’s a few of women so it’s insignificant, but that is a misconception," states a lawyer working on women's incarceration.

"Incarceration is a harmful place for women, not to mention someone who is pregnant," she continues. "There’s so much studies that indicates how harmful it is. Most facilities were constructed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the creation of specific standards for the treatment of incarcerated women. This framework state that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also ban the use of shackles on women while giving birth.

However, these standards are often violated around the world. "This is not viewed as a global priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In some countries, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal beatings, torture, and being denied essential items. Some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," says a rights defender.

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

Severe Overpopulation and Its Effects

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by reports of infants succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced measures regarding pregnant women in the justice system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of prison terms 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 criminalised for numerous offenses in the beginning," argues the expert.

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