Shackled, Isolated and Frightened: The Harsh Reality for Female Prisoners Forced to Have Their Babies in Detention.

An advocate, who was, was detained near her home in early 2024. Charged with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were informed to retrieve the body of her infant child. The cause of death was not looked into, and her loved ones remains unaware the circumstances or if she was given any care after birth.

A Worldwide Problem

Cases such as this are far from uncommon in detention centers internationally. Expectant mothers are often subjected to deplorable conditions and deprived of necessary care. Some miscarry, others deliver and give birth by themselves in a cell. Sadly, some babies die while incarcerated.

"Governments believe it’s a small number of women so it’s not a problem, but that is incorrect," states a legal advocate working on women's incarceration.

"Detention is not a good environment for women, let alone someone who is pregnant," she continues. "Extensive evidence that demonstrates how harmful it is. Numerous facilities were designed with men in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. This framework specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women in childbirth.

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

Dire Situations in Packed Prisons

In some countries, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women detail assaults, torture, and being denied basic supplies. Some resort to trading sex with prison staff for nourishment or medicine.

"Our organisation has documented miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

It is also reported women who were chained to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Consequences

Data lists some countries as having the highest prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone 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 hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through 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 founded an advocacy group. She has successfully pushed for laws that ban 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. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures regarding pregnant women in the legal system. These include:

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

Advocates and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."