🔗 Share this article

An advocate, who was, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The cause of death remains unexamined, and the family remains unaware the circumstances or whether she obtained any postnatal care.

A Worldwide Problem

Cases such as this are alarmingly common in prisons globally. Pregnant women are often subjected to appalling situations and denied medical attention. Some lose their pregnancies, others begin childbirth and give birth by themselves in a detention cell. Devastatingly, some babies die behind bars.

"Countries think it’s a minority of women so it’s not an issue, but that is incorrect," states a legal advocate focused on female imprisonment.

"Incarceration is not a good place for women, especially not for someone who is pregnant," she explains. "Extensive research that shows how damaging it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the establishment of international guidelines for the treatment of incarcerated women. These rules clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also prohibit the use of shackles on women while giving birth.

However, these standards are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medical supplies.

"Our organisation has documented pregnancy losses and the death of several infants … there will be more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by reports of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures for expectant mothers in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."