A rights defender, while she was, was taken into custody near her home in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family received a call to retrieve the body of her newborn baby. The reason of death remains unexamined, and the family does not know what happened or whether she received any care after birth.
A Worldwide Crisis
Cases such as this are far from uncommon within correctional systems globally. Pregnant women are often held in terrible environments and not given necessary care. Miscarriages occur, others deliver and have their babies unassisted in a cell. Tragically, infants perish while incarcerated.
"Countries believe it’s a small number of women so it’s not an issue, but that is a misconception," states a legal advocate focused on female imprisonment.
"Incarceration is a terrible place for women, especially not for someone who is expecting," she adds. "There’s so much studies that indicates how detrimental it is. Numerous facilities were constructed with men in mind, so women were an afterthought."
Flouted International Guidelines
It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of restraints on women during labour.
However, these standards are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."
Critical Conditions in Overcrowded Systems
In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women describe assaults, torture, and being deprived of basic supplies. Some resort to trading sex with guards for nourishment or medicine.
"We has documented miscarriages and the death of several infants … there will be more," reports a rights defender.
Accounts also tell of women who were shackled to medical beds while in labor and gave birth while observed by male officers.
Overcrowding and Its Effects
Statistics lists some nations as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."
Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants dying from illness and malnourishment behind bars.
Accounts from Around the Globe
In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground 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 alone in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord on her own.
From Experience to Advocacy
Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.
Another story 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 sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.
"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.
Alternatives and Solutions
Some nations have introduced measures regarding expectant mothers in the justice system. These include:
- Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
- Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
- Allowing for the deferral of sentences for pregnant women.
Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.
"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."
