🔗 Share this article

A rights defender, who was, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives were informed to retrieve the body of her infant child. The reason of death remains unexamined, and her loved ones remains unaware what happened or if she received any postnatal care.

A Global Problem

Cases such as this are alarmingly common in prisons around the world. Pregnant women are often subjected to deplorable conditions and not given necessary care. Some lose their pregnancies, others go into labour and give birth by themselves in a prison cell. Devastatingly, some babies die in custody.

"Governments think it’s a small number of women so it’s not an issue, but that is incorrect," states a lawyer focused on female imprisonment.

"Prison is a harmful setting for women, let alone someone who is pregnant," she explains. "There’s so much research that indicates how damaging it is. Numerous prisons were designed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of international guidelines for the handling of female prisoners. These rules clearly say that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of restraints on women while giving birth.

Yet, these rules are often violated globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates detail assaults, torture, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the death of several infants … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to medical beds while in labor and delivered while observed by male officers.

Overcrowding and Its Consequences

Data lists some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. When someone went into labour 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, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

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

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Experts and people with experience contend that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."