Shackled, Solitary and Frightened: The Harsh Truth for Female Prisoners Forced to Have Their Babies in Incarceration.

A human rights activist, while she was, was arrested near her residence in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware what happened or whether she received any postnatal care.

A Global Issue

These tragic stories are not rare within correctional systems internationally. Women carrying children are often subjected to deplorable conditions and deprived of medical attention. Miscarriages occur, others deliver and give birth by themselves in a detention cell. Devastatingly, infants perish in custody.

"Countries think it’s a few of women so it’s not an issue, but that’s not true," states a lawyer dedicated to women's incarceration.

"Detention is not a good place for women, let alone someone who is pregnant," she adds. "There’s so much studies that indicates how damaging it is. Most 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 incarcerated women. These rules clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women in childbirth.

But, these rules are often violated around the world. "This isn’t seen as a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, situations for expectant inmates are reported to be "really critical". Family visits have been prohibited, and independent monitors are denied access. Interviews with ex-inmates reveal assaults, abuse, and being deprived of essential items. Some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … it is certain there are more," says a local lawyer.

Accounts also tell of women who were shackled to medical beds during labour and delivered while observed by male officers.

Overcrowding and Its Consequences

Statistics lists some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were secured 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!’"

Such events also happen in wealthier countries. For example, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies regarding pregnant women in the justice system. These include:

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

Experts and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, poverty, abuse and substance issues – are really what we should be focusing on."