🔗 Share this article

An advocate, while she was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was held without evidence. Three weeks later, her family received a call to collect the body of her infant child. The reason of death remains unexamined, and her loved ones remains unaware the circumstances or if she received any postnatal care.

A Worldwide Issue

These tragic stories are not rare in prisons internationally. Women carrying children are often held in deplorable conditions and deprived of proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a prison cell. Tragically, some babies die while incarcerated.

"Nations think it’s a minority of women so it’s not an issue, but that is a misconception," says a legal advocate working on female imprisonment.

"Incarceration is a harmful environment for women, let alone someone who is pregnant," she adds. "Extensive studies that shows how damaging it is. Numerous facilities were built with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women while giving birth.

However, these rules are consistently flouted globally. "This isn’t seen as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In various regions, conditions for expectant inmates are reported to be "really critical". Family visits have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, torture, and being denied essential items. Some resort to trading sex with prison staff for nourishment or medicine.

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

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Data shows some countries as having the highest prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn back in prison are worrying, as shown by cases of babies dying from illness and malnourishment behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised 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, abuse and drugs – are truly what we should be investing in."