🔗 Share this article

A human rights activist, at 35 weeks pregnant, was taken into custody near her home in early 2024. Accused with a vague offense, she was held without evidence. Three weeks later, her family were informed to collect the remains of her infant child. The cause of death was not looked into, and the family does not know what happened or whether she obtained any care after birth.

An International Issue

Cases such as this are alarmingly common within correctional systems around the world. Women carrying children are often held in terrible environments and deprived of medical attention. Some lose their pregnancies, others deliver and have their babies unassisted in a detention cell. Tragically, some babies perish in custody.

"Governments assume it’s a small number of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to women's incarceration.

"Detention is not a good place for women, let alone someone who is expecting," she continues. "Extensive evidence that shows how damaging it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These rules specify that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these standards are consistently flouted around the world. "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 stigma and prejudice."

Critical Conditions in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women reveal assaults, torture, and being denied basic supplies. Some resort to exchanging favors with guards for food or medical supplies.

"We has recorded miscarriages and the death of four babies … it is certain there are more," says a rights defender.

Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are worrying, as shown by cases of infants dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Experts and people with experience argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

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