Restrained, Isolated and Frightened: The Grim Truth for Female Prisoners Forced to Have Their Babies in Prison.

A human rights activist, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives received a call to collect the body of her newborn baby. The reason of death was not looked into, and her loved ones has no idea the circumstances or whether she obtained any care after birth.

An International Issue

Cases such as this are alarmingly common in detention centers around the world. Women carrying children are often kept in appalling situations and deprived of proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a prison cell. Tragically, infants perish behind bars.

"Nations believe it’s a few of women so it’s not an issue, but that’s not true," says a lawyer focused on female imprisonment.

"Incarceration is not a good environment for women, not to mention someone who is pregnant," she adds. "There’s so much evidence that demonstrates how damaging it is. Most prisons were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. These guidelines specify that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women in childbirth.

But, these standards are consistently flouted globally. "This is not considered a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In some countries, situations for expectant inmates are described as "really critical". Family visits have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail assaults, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medicine.

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

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

Overcrowding and Its Impact

Statistics lists some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

Other countries have introduced measures regarding expectant mothers in the justice system. Among them are:

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the expert.

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