🔗 Share this article

An advocate, while she was, was detained near her home in March 2024. Accused with a vague offense, she was held lacking proof. Weeks afterward, her family were informed to retrieve the remains of her infant child. The cause of death has not been investigated, and the family does not know what happened or whether she obtained any postnatal care.

An International Crisis

Situations like these are far from uncommon in detention centers internationally. Pregnant women are often subjected to terrible environments and deprived of medical attention. Some miscarry, others deliver and have their babies alone in a detention cell. Devastatingly, some babies die while incarcerated.

"Countries think it’s a few of women so it’s not a problem, but that is a misconception," says a lawyer dedicated to female imprisonment.

"Incarceration is a harmful environment for women, not to mention someone who is expecting," she explains. "There’s so much research that demonstrates how damaging it is. Most prisons were built with men in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women during labour.

However, these standards are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with ex-inmates reveal assaults, torture, and being deprived of essential items. Some are forced into exchanging favors with guards for food or medical supplies.

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

It is also reported women who were chained to hospital beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a C-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.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies for pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and people with experience believe that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the expert.

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