Restrained, Alone and Scared: The Bleak Reality for Women Compelled to Have Their Babies in Prison.

A human rights activist, who was, was taken into custody near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her family were informed to retrieve the remains of her newborn baby. The reason of death has not been investigated, and her loved ones does not know the circumstances or whether she received any care after birth.

An International Crisis

Situations like these are not rare within correctional systems around the world. Expectant mothers are often kept in appalling situations and deprived of medical attention. Miscarriages occur, others begin childbirth and have their babies unassisted in a prison cell. Devastatingly, infants perish in custody.

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

"Prison is not a good environment for women, not to mention someone who is expecting," she adds. "Extensive research that shows how harmful it is. Numerous prisons were constructed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. These guidelines state that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also ban the use of shackles on women while giving birth.

Yet, these standards are routinely ignored globally. "This isn’t seen as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In various regions, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, torture, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

"We has documented pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

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 rarely enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked 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 hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully pushed for laws that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have implemented measures for expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are really what we should be investing in."