Restrained, Isolated and Scared: The Harsh Reality for Female Inmates Made to Have Their Babies in Prison.

A human rights activist, at 35 weeks pregnant, was taken into custody near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family received a call to collect the remains of her infant child. The reason of death remains unexamined, and her loved ones remains unaware what happened or if she was given any care after birth.

A Worldwide Crisis

These tragic stories are alarmingly common in prisons around the world. Women carrying children are often held in appalling situations and deprived of medical attention. Some miscarry, others go into labour and give birth by themselves in a prison cell. Sadly, infants die behind bars.

"Governments assume it’s a small number of women so it’s not a problem, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful place for women, let alone someone who is expecting," she adds. "Extensive research that indicates how detrimental it is. Many prisons were built with men in mind, so women were an afterthought."

Ignored International Guidelines

It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules state that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

Yet, these rules are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In various regions, conditions for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates reveal assaults, torture, and being deprived of essential items. Reports indicate some resort to trading sex with prison staff for food or medicine.

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

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

Overcrowding and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn back in prison are worrying, as shown by reports of babies succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager her baby died after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for legislation that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced measures regarding pregnant women in the legal system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts 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 many issues in the first place," says the expert.

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