🔗 Share this article

A rights defender, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family were contacted to retrieve the remains of her infant child. The reason of death remains unexamined, and her loved ones does not know what happened or whether she was given any postnatal care.

A Global Crisis

Cases such as this are alarmingly common within correctional systems internationally. Women carrying children are often subjected to terrible environments and denied medical attention. Some miscarry, others begin childbirth and have their babies by themselves in a detention cell. Sadly, infants perish while incarcerated.

"Countries believe it’s a minority of women so it’s not a problem, but that’s not true," notes a legal advocate working on women's incarceration.

"Incarceration is a terrible environment for women, let alone someone who is pregnant," she explains. "There’s so much studies that indicates how damaging it is. Numerous facilities were constructed with men in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. This framework state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also forbid the use of shackles on women while giving birth.

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

Dire Situations in Packed Prisons

In certain nations, conditions for pregnant prisoners are reported to be "really critical". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates describe beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," says a local lawyer.

Reports also indicate women who were chained to hospital beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

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

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish 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 giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

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