Restrained, Isolated and Frightened: The Harsh Reality for Female Prisoners Compelled to Have Their Babies in Prison.

An advocate, while she was, was detained near her home in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were contacted to retrieve the remains of her infant child. The cause of death has not been investigated, and her loved ones remains unaware the circumstances or whether she was given any care after birth.

A Worldwide Problem

Situations like these 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 unassisted in a cell. Sadly, some babies perish behind bars.

"Governments think it’s a minority of women so it’s insignificant, but that is a misconception," states a lawyer dedicated to women's incarceration.

"Incarceration is a harmful environment for women, let alone someone who is pregnant," she explains. "There’s so much studies that shows how harmful it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of restraints on women during labour.

Yet, these guidelines are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and civil society are barred from entry. Interviews with ex-inmates detail beatings, torture, and being deprived of essential items. Reports indicate some resort to trading sex with prison staff for food or medicine.

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

Reports also indicate women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as shown by reports of infants succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a C-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 not have occurred, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding pregnant women in the justice system. These include:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, destitution, abuse and substance issues – are really what we should be focusing on."