🔗 Share this article

A human rights activist, while she was, was arrested near her residence in early 2024. Accused with a vague offense, she was jailed without evidence. Three weeks later, her relatives were contacted to retrieve the remains of her infant child. The cause of death was not looked into, and her loved ones remains unaware the circumstances or whether she obtained any care after birth.

A Worldwide Crisis

These tragic stories are not rare within correctional systems internationally. Pregnant women are often subjected to deplorable conditions and denied proper healthcare. Some lose their pregnancies, others begin childbirth and have their babies unassisted in a cell. Sadly, infants perish behind bars.

"Governments believe it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer working on female imprisonment.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she continues. "There’s so much studies that demonstrates how damaging it is. Many prisons were built with men in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the creation of international guidelines for the handling of female prisoners. These guidelines state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

But, these rules are routinely ignored around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with ex-inmates reveal beatings, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"Our organisation has documented miscarriages and the loss of four babies … it is certain there are more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by reports of infants succumbing from pneumonia and malnourishment behind bars.

Stories from Around the Globe

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

Such events occur in more developed countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for laws that ban restraints 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. During her delivery, 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 wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated 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 first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."