🔗 Share this article

A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Accused with a vague offense, she was imprisoned without evidence. Weeks afterward, her family were contacted to retrieve the body of her infant child. The cause of death has not been investigated, and her loved ones remains unaware what happened or whether she obtained any postnatal care.

A Worldwide Problem

Cases such as this are far from uncommon in prisons globally. Pregnant women are often kept in deplorable conditions and denied necessary care. Some miscarry, others go into labour and give birth alone in a detention cell. Tragically, infants perish in custody.

"Nations believe it’s a minority of women so it’s not an issue, but that is incorrect," notes a lawyer dedicated to female imprisonment.

"Incarceration is a harmful setting for women, let alone someone who is pregnant," she explains. "There’s so much studies that shows how damaging it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women in childbirth.

But, these standards are often violated globally. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Systems

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Data shows some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as shown by reports of babies dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a teenager her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures regarding pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and drugs – are really what we should be focusing on."