Shackled, Solitary and Scared: The Grim Reality for Female Inmates Forced to Have Their Babies in Detention.

A rights defender, at 35 weeks pregnant, was arrested near her home in early 2024. Accused with a vague offense, she was held lacking proof. Three weeks later, her relatives received a call to retrieve the body of her newborn baby. The cause of death remains unexamined, and her loved ones does not know the circumstances or whether she received any postnatal care.

A Global Crisis

These tragic stories are not rare within correctional systems internationally. Pregnant women are often subjected to deplorable conditions and denied necessary care. Some lose their pregnancies, others go into labour and give birth unassisted in a prison cell. Tragically, some babies perish while incarcerated.

"Countries assume it’s a small number of women so it’s not a problem, but that is incorrect," says a legal advocate focused on women's incarceration.

"Incarceration is a harmful environment for women, especially not for someone who is pregnant," she continues. "There’s so much research that demonstrates how damaging it is. Most prisons were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. This framework state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women during labour.

But, these guidelines are consistently flouted around the world. "This is not considered a worldwide priority for women's rights," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In certain nations, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with ex-inmates describe assaults, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

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

Accounts also tell of women who were chained to medical beds during labour and gave birth while watched by male officers.

Overcrowding and Its Impact

Data shows some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by cases of babies succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented measures regarding expectant mothers in the justice system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience argue 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 first place," argues the expert.

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