🔗 Share this article

A human rights activist, while she was, was taken into custody near her home in March 2024. Charged with a broad allegation, she was held lacking proof. Weeks afterward, her family received a call to retrieve the body of her newborn baby. The reason of death remains unexamined, and the family remains unaware what happened or whether she obtained any postnatal care.

An International Problem

These tragic stories are far from uncommon within correctional systems globally. Women carrying children are often kept in terrible environments and not given proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a cell. Tragically, infants perish in custody.

"Governments assume it’s a few of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to women's incarceration.

"Incarceration is a harmful setting for women, let alone someone who is expecting," she continues. "There’s so much research that demonstrates how harmful it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the creation of specific standards for the handling of female prisoners. These guidelines state that prison should be a final option for pregnant women and that alternatives to detention should always be considered. They also forbid the use of shackles on women while giving birth.

Yet, these guidelines are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "really critical". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, torture, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with guards for food or medicine.

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

Reports also indicate women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Effects

Data shows some countries as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a cell with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. 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 had to sever the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff 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?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies for pregnant women in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the advocate.

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