Bound, Solitary and Scared: The Harsh Reality for Female Prisoners Compelled to Give Birth in Detention.

A human rights activist, who was, was taken into custody near her residence in early 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her family were informed to collect the body of her infant child. The cause of death has not been investigated, and her loved ones remains unaware what happened or if she received any postnatal care.

A Worldwide Problem

Cases such as this are not rare within correctional systems globally. Women carrying children are often subjected to terrible environments and denied necessary care. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Devastatingly, some babies die while incarcerated.

"Governments assume it’s a few of women so it’s not a problem, but that is a misconception," notes a legal advocate dedicated to female imprisonment.

"Incarceration is a terrible place for women, let alone someone who is expecting," she continues. "There’s so much research that shows how detrimental it is. Many prisons were constructed with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

It has been 15 years since the creation of specific standards for the handling of incarcerated women. This framework state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

However, these standards are routinely ignored globally. "This isn’t seen as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women detail assaults, torture, and being deprived of essential items. Some are forced into exchanging favors with guards for nourishment or medicine.

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

Accounts also tell of women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by cases of babies succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully pushed for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"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 informed official guidelines around giving birth while incarcerated.

Potential Reforms

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

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, particularly for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates 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 first place," says the advocate.

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