🔗 Share this article

A rights defender, who was, was taken into custody near her home in early 2024. Charged with a vague offense, she was jailed lacking proof. Weeks afterward, her family were contacted to collect the remains of her infant child. The reason of death remains unexamined, and the family does not know what happened or whether she was given any postnatal care.

A Global Issue

Situations like these are far from uncommon in prisons globally. Expectant mothers are often held in deplorable conditions and denied necessary care. Some miscarry, others deliver and have their babies unassisted in a detention cell. Sadly, some babies die while incarcerated.

"Governments think it’s a few of women so it’s not an issue, but that’s not true," states a legal advocate working on female imprisonment.

"Prison is a terrible environment for women, let alone someone who is pregnant," she explains. "Extensive research that indicates how harmful it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These rules clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women during labour.

However, these standards are often violated around the world. "This isn’t seen as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In various regions, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"We has documented miscarriages and the loss of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to medical beds while in labor and gave birth while observed by male prison guards.

Overcrowding and Its Effects

Data lists some nations as having the highest prison occupancy levels in the world. Women are especially at risk 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."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants dying from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. 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 solitary confinement for expectant inmates in numerous jurisdictions.

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. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures regarding expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."