Shackled, Solitary and Scared: The Grim Truth for Women Forced to Give Birth in Prison.

A human rights activist, while she was, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her family were contacted to retrieve the body of her infant child. The reason of death was not looked into, and the family has no idea the circumstances or if she was given any care after birth.

A Global Issue

Situations like these are not rare in detention centers internationally. Pregnant women are often kept in appalling situations and denied medical attention. Some miscarry, others deliver and give birth by themselves in a cell. Sadly, infants die behind bars.

"Countries believe it’s a minority of women so it’s not a problem, but that’s not true," says a legal advocate dedicated to women's incarceration.

"Detention is not a good environment for women, not to mention someone who is pregnant," she explains. "There’s so much research that demonstrates how damaging it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the creation of specific standards for the treatment of female prisoners. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

However, these standards are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women detail assaults, torture, and being deprived of essential items. Some are forced into trading sex with prison staff for food or medicine.

"Our organisation has recorded pregnancy losses and the loss of four babies … it is certain there are more," says a local lawyer.

Accounts also tell of women who were chained to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a young woman lost her daughter after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented measures for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of sentences for women who are pregnant.

Experts 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 many issues in the first place," argues the advocate.

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