🔗 Share this article

A rights defender, at 35 weeks pregnant, was detained near her residence in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family received a call to collect the remains of her infant child. The reason of death has not been investigated, and the family has no idea the circumstances or if she was given any care after birth.

A Worldwide Issue

Situations like these are far from uncommon in detention centers around the world. Women carrying children are often kept in appalling situations and denied proper healthcare. Some miscarry, others begin childbirth and give birth by themselves in a prison cell. Sadly, infants perish in custody.

"Countries believe it’s a few of women so it’s not an issue, but that’s not true," notes a legal advocate dedicated to women's incarceration.

"Incarceration is a terrible environment for women, let alone someone who is pregnant," she explains. "There’s so much evidence that demonstrates how damaging it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the creation of specific standards for the treatment of female prisoners. These rules state that incarceration 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 during labour.

But, these rules are routinely ignored globally. "This is not viewed as a worldwide priority for women's rights," says the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In some countries, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, abuse, and being deprived of basic supplies. Some resort to trading sex with prison staff for nourishment or medicine.

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

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by cases of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the 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 prison cell founded an organisation. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the expert.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."