Bound, Alone and Terrified: The Harsh Reality for Female Inmates Made to Give Birth in Incarceration.

A human rights activist, while she was, was arrested near her residence in early 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the body of her infant child. The reason of death was not looked into, and the family does not know what happened or whether she obtained any postnatal care.

An International Problem

Situations like these are not rare in prisons around the world. Expectant mothers are often held in appalling situations and deprived of necessary care. Some miscarry, others deliver and have their babies alone in a cell. Devastatingly, infants perish behind bars.

"Nations think it’s a few of women so it’s not a problem, but that’s not true," notes a lawyer dedicated to female imprisonment.

"Incarceration is not a good place for women, let alone someone who is pregnant," she adds. "There’s so much research that shows how detrimental it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework specify that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

But, these guidelines are routinely ignored globally. "This is not viewed as a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with ex-inmates reveal beatings, torture, and being denied essential items. Reports indicate some resort to exchanging favors with guards for food or medical supplies.

"We has documented miscarriages and the loss of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of infants dying from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the hospital 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?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented measures for expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."