Restrained, Alone and Frightened: The Grim Reality for Female Inmates Compelled to Give Birth in Incarceration.

A human rights activist, at 35 weeks pregnant, was arrested near her home in March 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her relatives were contacted to retrieve the body of her newborn baby. The cause of death was not looked into, and her loved ones has no idea the circumstances or whether she received any postnatal care.

A Global Issue

These tragic stories are far from uncommon in detention centers internationally. Pregnant women are often held in terrible environments and not given necessary care. Miscarriages occur, others deliver and have their babies alone in a detention cell. Devastatingly, infants die behind bars.

"Nations assume it’s a minority of women so it’s insignificant, but that’s not true," states a lawyer dedicated to female imprisonment.

"Detention is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive evidence that shows how harmful it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Ignored UN Rules

Over 15 years since the establishment of the UN's Bangkok Rules for the treatment of incarcerated women. This framework clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of shackles on women in childbirth.

Yet, these standards are consistently flouted around the world. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the death of four babies … it is certain there are more," reports a rights defender.

It is also reported women who were shackled to medical beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Impact

Data lists some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic 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 reports of babies dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a cell with pregnant women. Cell 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 hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures for pregnant women in the justice system. These include:

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

Experts and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and substance issues – are really what we should be investing in."