Bound, Alone and Terrified: The Harsh Situation for Female Inmates Forced to Give Birth in Incarceration.

A rights defender, while she was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was imprisoned without evidence. Weeks afterward, her family were informed to collect the remains of her newborn baby. The cause of death has not been investigated, and her loved ones remains unaware what happened or if she obtained any care after birth.

An International Problem

Situations like these are not rare in prisons globally. Women carrying children are often held in appalling situations and denied proper healthcare. Miscarriages occur, others begin childbirth and give birth by themselves in a detention cell. Sadly, some babies perish while incarcerated.

"Nations assume it’s a few of women so it’s not an issue, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Detention is a harmful environment for women, not to mention someone who is pregnant," she continues. "Extensive research that shows how detrimental it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. These rules clearly say 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 in childbirth.

However, these guidelines are often violated around the world. "This is not considered a global gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

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

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of babies succumbing from illness and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

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. Her work has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures regarding expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."