🔗 Share this article

A rights defender, while she was, was arrested near her residence in March 2024. Charged with a broad allegation, she was held without evidence. Weeks afterward, her relatives received a call to retrieve the body of her newborn baby. The reason of death remains unexamined, and the family does not know what happened or whether she was given any postnatal care.

A Global Crisis

Cases such as this are far from uncommon in detention centers around the world. Women carrying children are often held in appalling situations and denied proper healthcare. Miscarriages occur, others go into labour and have their babies alone in a cell. Sadly, infants die behind bars.

"Countries think it’s a small number of women so it’s insignificant, but that is a misconception," says a lawyer focused on women's incarceration.

"Prison is not a good environment for women, especially not for someone who is pregnant," she explains. "Extensive research that demonstrates how detrimental it is. Most prisons were built with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of specific standards for the handling 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. They also prohibit the use of restraints on women in childbirth.

But, these guidelines are routinely ignored globally. "This is not considered a global gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and independent monitors are denied access. Interviews with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for food or medical supplies.

"We has recorded pregnancy losses and the loss of several infants … there will be more," reports a rights defender.

It is also reported women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Consequences

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

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of babies dying from illness and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "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 endure," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the legal system. These include:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, pregnant women 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 entering the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."