Bound, Solitary and Terrified: The Harsh Truth for Women Made to Deliver in Incarceration.

A human rights activist, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware the circumstances or whether she obtained any care after birth.

An International Problem

Situations like these are alarmingly common in prisons internationally. Women carrying children are often subjected to terrible environments and denied proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a detention cell. Tragically, infants perish behind bars.

"Nations think it’s a minority of women so it’s insignificant, but that is incorrect," notes a lawyer dedicated to female imprisonment.

"Prison is a terrible environment for women, let alone someone who is expecting," she explains. "There’s so much evidence that shows how detrimental it is. Many prisons were built with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. These guidelines state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women during labour.

But, these standards are consistently flouted globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In some countries, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women detail assaults, abuse, and being denied essential items. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … there will be more," says a local lawyer.

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

Overcrowding and Its Consequences

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

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

Stories from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a teenager her baby died after giving birth alone in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for laws that ban restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered 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. It should never have happened, but this is what women in prison go through," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues 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, violence and substance issues – are truly what we should be focusing on."