Shackled, Isolated and Frightened: The Grim Situation for Women Compelled to Give Birth in Prison.

A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her family were contacted to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones has no idea what happened or if she received any care after birth.

A Global Crisis

Cases such as this are alarmingly common in prisons around the world. Women carrying children are often held in appalling situations and deprived of necessary care. Miscarriages occur, others go into labour and give birth by themselves in a detention cell. Devastatingly, some babies perish while incarcerated.

"Nations assume it’s a minority of women so it’s insignificant, but that is incorrect," notes a lawyer dedicated to women's incarceration.

"Incarceration is a harmful place for women, not to mention someone who is expecting," she adds. "Extensive evidence that demonstrates how harmful it is. Many facilities were designed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the establishment of the UN's Bangkok Rules for the handling of female prisoners. These guidelines state that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women in childbirth.

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

Critical Conditions in Packed Systems

In certain nations, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women reveal beatings, torture, and being denied essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

"Our organisation has recorded miscarriages and the loss of four babies … there will be more," says a rights defender.

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

Overcrowding and Its Impact

Data lists some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. The environment for raising a newborn back in prison are alarming, as shown by cases of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the justice system. These include:

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

Advocates and those who have been incarcerated contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."