🔗 Share this article

A rights defender, at 35 weeks pregnant, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives received a call to collect the body of her infant child. The cause of death was not looked into, and the family does not know the circumstances or whether she obtained any care after birth.

A Worldwide Problem

Cases such as this are not rare in prisons globally. Women carrying children are often subjected to appalling situations and deprived of proper healthcare. Some miscarry, others deliver and have their babies unassisted in a cell. Tragically, some babies perish in custody.

"Countries think it’s a few of women so it’s not a problem, but that’s not true," notes a legal advocate focused on female imprisonment.

"Incarceration is a harmful environment for women, especially not for someone who is expecting," she continues. "Extensive studies that shows how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These rules state that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women while giving birth.

But, these standards are often violated around the world. "This is not considered a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, situations for expectant inmates are described as "extremely dire". Family visits have been banned, and independent monitors are denied access. Interviews with ex-inmates reveal assaults, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medical supplies.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," says a rights defender.

It is also reported women who were chained to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Impact

Data lists some nations as having the most severe overcrowding levels in the globe. Women 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 basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors 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 advocated for laws that ban shackling and isolation for expectant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience contend that, in most cases, expectant mothers should not 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 root causes of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."