Shackled, Solitary and Frightened: The Harsh Situation for Women Made to Deliver in Incarceration.

A rights defender, while she was, was taken into custody near her home in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were informed to collect the remains of her newborn baby. The cause of death has not been investigated, and the family does not know the circumstances or whether she obtained any postnatal care.

A Worldwide Problem

These tragic stories are far from uncommon in detention centers globally. Pregnant women are often held in deplorable conditions and not given necessary care. Some lose their pregnancies, others deliver and have their babies by themselves in a prison cell. Sadly, infants die in custody.

"Nations think it’s a few of women so it’s not an issue, but that’s not true," notes a lawyer working on female imprisonment.

"Detention is not a good environment for women, especially not for someone who is expecting," she adds. "There’s so much evidence that indicates how harmful it is. Many facilities were designed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These rules clearly say that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of restraints on women during labour.

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

Critical Conditions in Packed Systems

In some countries, conditions for expectant inmates are reported to be "really critical". Family visits have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women detail assaults, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has documented pregnancy losses and the death of four babies … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to hospital 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. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit 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. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented policies for pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

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," argues the advocate.

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