Restrained, Alone and Scared: The Bleak Reality for Women Made to Have Their Babies in Prison.

A human rights activist, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The reason of death remains unexamined, and the family does not know the circumstances or if she was given any care after birth.

An International Crisis

These tragic stories are far from uncommon in prisons globally. Pregnant women are often held in deplorable conditions and denied proper healthcare. Some miscarry, others begin childbirth and give birth by themselves in a cell. Tragically, some babies die in custody.

"Governments believe it’s a minority of women so it’s insignificant, but that is a misconception," states a legal advocate focused on women's incarceration.

"Incarceration is a terrible environment for women, not to mention someone who is pregnant," she explains. "Extensive research that shows how damaging it is. Most facilities were constructed with men in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These rules state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women while giving birth.

However, these rules are consistently flouted globally. "This is not considered a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women detail assaults, abuse, and being denied essential items. Some resort to trading sex with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," says 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 Consequences

Data shows some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding pregnant women in the justice system. These include:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, often, expectant mothers should not 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 entering the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."