Bound, Solitary and Frightened: The Grim Situation for Women Compelled to Have Their Babies in Detention.

A rights defender, who was, was arrested near her residence in March 2024. Accused with a vague offense, she was imprisoned without evidence. Weeks afterward, her family were contacted to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones does not know the circumstances or whether she received any care after birth.

A Global Crisis

These tragic stories are not rare within correctional systems internationally. Expectant mothers are often kept in deplorable conditions and deprived of medical attention. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Tragically, some babies perish in custody.

"Countries assume it’s a small number of women so it’s insignificant, but that is incorrect," states a legal advocate working on female imprisonment.

"Prison is a terrible place for women, let alone someone who is expecting," she adds. "Extensive research that demonstrates how detrimental it is. Most facilities were constructed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the creation of specific standards for the handling of female prisoners. These rules specify that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also ban the use of shackles on women in childbirth.

However, these standards are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Systems

In some countries, conditions for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and civil society are denied access. Interviews with formerly incarcerated women detail beatings, abuse, and being denied essential items. Some resort to trading sex with prison staff for nourishment or medicine.

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

It is also reported women who were shackled to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Data lists some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish 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 shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, especially for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the expert.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."