Bound, Isolated and Scared: The Grim Truth for Female Inmates Made to Give Birth in Incarceration.

An advocate, who was, was arrested near her residence in early 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family were informed to collect the remains of her infant child. The cause of death remains unexamined, and her loved ones does not know what happened or if she obtained any postnatal care.

A Global Crisis

These tragic stories are alarmingly common within correctional systems globally. Pregnant women are often held in terrible environments and denied necessary care. Miscarriages occur, others begin childbirth and have their babies by themselves in a cell. Sadly, infants perish behind bars.

"Governments assume it’s a small number of women so it’s insignificant, but that is incorrect," says a legal advocate focused on women's incarceration.

"Detention is not a good place for women, especially not for someone who is pregnant," she adds. "Extensive research that indicates how harmful it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the creation of international guidelines for the handling of incarcerated women. This framework clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

However, these standards are consistently flouted around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In various regions, situations for pregnant prisoners are described as "really critical". Family visits have been prohibited, and rights groups are denied access. Interviews with ex-inmates describe assaults, abuse, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with guards for nourishment or medicine.

"Our organisation has recorded miscarriages and the death of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Overcrowding and Its Impact

Statistics shows some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by cases of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced measures regarding expectant mothers in the justice system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and substance issues – are truly what we should be investing in."