🔗 Share this article

An advocate, who was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was imprisoned without evidence. Weeks afterward, her family received a call to collect the remains of her infant child. The reason of death remains unexamined, and the family does not know the circumstances or whether she obtained any care after birth.

A Worldwide Issue

These tragic stories are far from uncommon in detention centers internationally. Pregnant women are often held in deplorable conditions and not given medical attention. Some lose their pregnancies, others go into labour and have their babies unassisted in a cell. Devastatingly, infants perish in custody.

"Nations assume it’s a minority of women so it’s not an issue, but that is incorrect," states a legal advocate focused on women's incarceration.

"Incarceration is a terrible environment for women, let alone someone who is expecting," she explains. "There’s so much evidence that indicates how harmful it is. Most prisons were designed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These rules state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also ban the use of restraints on women during labour.

However, these guidelines are often violated around the world. "This isn’t seen as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the death of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Effects

Statistics lists some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by reports of infants dying from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Cell doors were secured overnight. If a woman 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 hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Considering non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Experts and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."