🔗 Share this article

An advocate, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the body of her infant child. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or if she was given any postnatal care.

A Worldwide Issue

Situations like these are far from uncommon in prisons around the world. Women carrying children are often subjected to terrible environments and deprived of proper healthcare. Some lose their pregnancies, others go into labour and give birth by themselves in a cell. Sadly, some babies die while incarcerated.

"Countries assume it’s a small number of women so it’s not a problem, but that is incorrect," notes a legal advocate working on women's incarceration.

"Detention is not a good environment for women, let alone someone who is expecting," she continues. "There’s so much studies that demonstrates how detrimental it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. This framework specify 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 while giving birth.

But, these standards are consistently flouted around the world. "This is not viewed as a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

It is also reported women who were shackled to medical beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

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

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment in custody.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager her baby died after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. She has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."