🔗 Share this article

An advocate, while she was, was taken into custody near her home in March 2024. Charged with a vague offense, she was held without evidence. Three weeks later, her relatives were contacted to collect the body of her infant child. The cause of death has not been investigated, and the family remains unaware what happened or whether she received any postnatal care.

A Global Issue

Cases such as this are far from uncommon within correctional systems around the world. Pregnant women are often held in terrible environments and not given medical attention. Some miscarry, others begin childbirth and have their babies alone in a cell. Tragically, infants perish while incarcerated.

"Countries assume it’s a minority of women so it’s insignificant, but that is incorrect," says a legal advocate working on female imprisonment.

"Incarceration is a harmful environment for women, let alone someone who is expecting," she adds. "There’s so much research that demonstrates how detrimental it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. These rules clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women while giving birth.

Yet, these rules are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, torture, and being denied essential items. Some resort to trading sex with guards for nourishment or medicine.

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

Accounts also tell of women who were shackled to medical beds during labour and gave birth while observed by male prison guards.

Overcrowding and Its Impact

Data shows some nations as having the highest overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of infants succumbing from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone 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 banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. For example, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the legal system. Among them are:

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

Experts and those who have been incarcerated contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."