🔗 Share this article

An advocate, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and the family does not know the circumstances or if she obtained any care after birth.

A Worldwide Crisis

Situations like these are alarmingly common in prisons around the world. Pregnant women are often subjected to appalling situations and deprived of necessary care. Some lose their pregnancies, others begin childbirth and give birth by themselves in a detention cell. Tragically, infants die in custody.

"Governments believe it’s a few of women so it’s insignificant, but that is incorrect," notes a lawyer working on female imprisonment.

"Prison is not a good place for women, especially not for someone who is pregnant," she explains. "There’s so much studies that indicates how detrimental it is. Numerous facilities were built with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These rules specify that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these guidelines are often violated around the world. "This is not considered a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates describe beatings, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Impact

Data shows some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by reports of infants dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

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

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, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

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

• Considering non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the expert.

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