Restrained, Alone and Terrified: The Harsh Truth for Female Inmates Forced to Have Their Babies in Detention.

An advocate, at 35 weeks pregnant, was taken into custody near her home in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The reason of death has not been investigated, and the family does not know what happened or whether she obtained any postnatal care.

An International Problem

These tragic stories are alarmingly common in prisons around the world. Women carrying children are often kept in appalling situations and not given proper healthcare. Some miscarry, others begin childbirth and have their babies unassisted in a prison cell. Devastatingly, some babies perish while incarcerated.

"Governments believe it’s a minority of women so it’s insignificant, but that is a misconception," says a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful place for women, let alone someone who is expecting," she continues. "There’s so much studies that shows how damaging it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that prison should be a final option for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of shackles on women in childbirth.

However, these standards are often violated around the world. "This is not considered a global gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and rights groups are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medicine.

"We has documented pregnancy losses 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 hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

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

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. 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 hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully advocated for laws that prohibit restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."