Restrained, Solitary and Frightened: The Harsh Situation for Female Prisoners Made to Give Birth in Prison.

An advocate, who was, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives were contacted to collect the body of her infant child. The cause of death remains unexamined, and her loved ones does not know what happened or if she received any postnatal care.

A Global Issue

These tragic stories are not rare within correctional systems around the world. Women carrying children are often kept in appalling situations and deprived of proper healthcare. Some lose their pregnancies, others begin childbirth and give birth unassisted in a prison cell. Devastatingly, infants die in custody.

"Countries believe it’s a small number of women so it’s not a problem, but that is incorrect," says a legal advocate working on female imprisonment.

"Detention is a terrible setting for women, especially not for someone who is expecting," she continues. "Extensive studies that demonstrates how harmful it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the establishment of specific standards for the handling of incarcerated women. These rules state that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also ban the use of shackles on women during labour.

But, these guidelines are routinely ignored globally. "This is not considered a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and civil society are denied access. Interviews with ex-inmates reveal assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"We has documented miscarriages and the death of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Effects

Data shows some countries as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable 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 upon return in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy 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 suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented policies regarding expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Experts and people with experience believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the expert.

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