Restrained, Solitary and Terrified: The Grim Reality for Female Inmates Compelled to Deliver in Prison.

An advocate, who was, was arrested near her residence in March 2024. Accused with a broad allegation, she was held without evidence. Three weeks later, her family were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and her loved ones does not know the circumstances or whether she was given any care after birth.

A Global Crisis

Situations like these are not rare within correctional systems internationally. Women carrying children are often held in terrible environments and denied necessary care. Some lose their pregnancies, others go into labour and have their babies by themselves in a detention cell. Devastatingly, some babies die behind bars.

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

"Detention is not a good environment for women, let alone someone who is pregnant," she continues. "Extensive evidence that indicates how damaging it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines state that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women in childbirth.

However, these standards are routinely ignored globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe beatings, torture, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

"We has documented miscarriages and the loss of four babies … there will be more," reports a rights defender.

Reports also indicate women who were chained to medical beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Consequences

Data shows some nations as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these situations. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. 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 hospital bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."