🔗 Share this article

An advocate, who was, was detained near her residence in March 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives received a call to collect the remains of her infant child. The cause of death has not been investigated, and the family has no idea what happened or if she received any care after birth.

A Worldwide Crisis

These tragic stories are alarmingly common in detention centers internationally. Pregnant women are often subjected to terrible environments and not given necessary care. Miscarriages occur, others go into labour and have their babies alone in a detention cell. Tragically, some babies die behind bars.

"Nations believe it’s a small number of women so it’s insignificant, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Incarceration is a harmful environment for women, let alone someone who is expecting," she continues. "There’s so much research that demonstrates how harmful it is. Many prisons were constructed with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women while giving birth.

But, these guidelines are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … there will be more," says a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and delivered while watched by male officers.

Overcrowding and Its Consequences

Statistics shows some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

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 left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through the cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully pushed for laws that ban shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced policies regarding pregnant women in the legal system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience contend that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are really what we should be investing in."