🔗 Share this article

A human rights activist, who was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her relatives received a call to collect the body of her infant child. The cause of death has not been investigated, and the family has no idea the circumstances or if she obtained any postnatal care.

A Global Issue

These tragic stories are alarmingly common within correctional systems globally. Women carrying children are often kept in terrible environments and deprived of medical attention. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a prison cell. Devastatingly, infants die in custody.

"Governments assume it’s a small number of women so it’s not an issue, but that’s not true," notes a legal advocate dedicated to female imprisonment.

"Prison is a terrible environment for women, not to mention someone who is pregnant," she adds. "There’s so much studies that indicates how detrimental it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the creation of specific standards for the handling of female prisoners. This framework state that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women during labour.

Yet, these rules are consistently flouted around the world. "This is not considered a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In some countries, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Accounts with formerly incarcerated women reveal beatings, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medicine.

"We has documented pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

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

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who miscarried in her cell set up an organisation. She has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies for expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be focusing on."