Bound, Isolated and Frightened: The Grim Situation for Women Made to Have Their Babies in Incarceration.

A human rights activist, while she was, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was held lacking proof. Three weeks later, her relatives received a call to retrieve the body of her infant child. The reason of death remains unexamined, and the family has no idea what happened or if she obtained any postnatal care.

An International Crisis

Cases such as this are not rare within correctional systems around the world. Pregnant women are often subjected to terrible environments and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies alone in a cell. Tragically, some babies die in custody.

"Countries think it’s a small number of women so it’s not an issue, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Detention is a harmful environment for women, let alone someone who is expecting," she continues. "Extensive studies that shows how damaging it is. Many prisons were designed with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines clearly say that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women in childbirth.

Yet, these rules are routinely ignored globally. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In various regions, conditions for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for nourishment or medicine.

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

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Data shows some countries as having the highest prison occupancy levels in the globe. Female inmates 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."

Expectant inmates have been handcuffed to beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as shown by cases of babies dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."