Bound, Alone and Scared: The Bleak Truth for Female Prisoners Compelled to Deliver in Detention.

A human rights activist, at 35 weeks pregnant, was arrested near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and her loved ones has no idea what happened or if she was given any care after birth.

A Global Problem

Situations like these are not rare within correctional systems internationally. Expectant mothers are often subjected to terrible environments and deprived of medical attention. Miscarriages occur, others deliver and have their babies unassisted in a prison cell. Sadly, some babies perish while incarcerated.

"Countries believe it’s a minority of women so it’s not a problem, but that’s not true," states a legal advocate focused on women's incarceration.

"Detention is a terrible setting for women, not to mention someone who is pregnant," she adds. "Extensive research that demonstrates how damaging it is. Most facilities were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the adoption of specific standards for the handling of female prisoners. This framework clearly say that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women during labour.

However, these rules are often violated globally. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Packed Prisons

In some countries, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and civil society are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being deprived of basic supplies. Some are forced into trading sex with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … there will be more," says a local lawyer.

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

Severe Overpopulation and Its Impact

Data lists some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting 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 alone in a prison cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" 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. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented measures regarding expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the expert.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."