Shackled, Alone and Terrified: The Grim Reality for Female Prisoners Made to Deliver in Prison.

An advocate, who was, was arrested near her home in early 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family does not know what happened or if she was given any care after birth.

A Global Problem

Situations like these are not rare in detention centers globally. Women carrying children are often held in deplorable conditions and not given medical attention. Some miscarry, others deliver and give birth alone in a cell. Sadly, some babies die while incarcerated.

"Governments think it’s a small number of women so it’s not an issue, but that is incorrect," says a legal advocate working on women's incarceration.

"Prison is a terrible setting for women, let alone someone who is pregnant," she adds. "Extensive research that demonstrates how detrimental it is. Numerous prisons were built with male inmates in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the creation of international guidelines for the handling of incarcerated women. These guidelines specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women during labour.

But, these standards are routinely ignored around the world. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women detail beatings, torture, and being denied essential items. Some are forced into trading sex with prison staff for nourishment or medical supplies.

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

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some nations as having the highest overcrowding levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of infants dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone started giving birth 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 gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

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

• Considering alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, destitution, violence and drugs – are really what we should be investing in."