A human rights activist, who was, was taken into custody near her home in March 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her relatives were contacted to retrieve the body of her newborn baby. The cause of death remains unexamined, and the family has no idea the circumstances or whether she was given any postnatal care.
A Worldwide Crisis
Cases such as this are alarmingly common in detention centers internationally. Expectant mothers are often held in deplorable conditions and denied proper healthcare. Miscarriages occur, others begin childbirth and have their babies alone in a cell. Tragically, some babies die behind bars.
"Nations believe it’s a few of women so it’s insignificant, but that is a misconception," notes a legal advocate focused on women's incarceration.
"Incarceration is not a good setting for women, not to mention someone who is expecting," she explains. "There’s so much studies that indicates how detrimental it is. Many facilities were designed with men in mind, so women were an secondary consideration."
Flouted Global Standards
Over 15 years since the creation of specific standards for the handling of incarcerated women. These rules state that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women in childbirth.
However, these standards are often violated globally. "This is not considered a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."
Severe Hardships in Overcrowded Prisons
In certain nations, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being denied essential items. Reports indicate some are forced into trading sex with guards for nourishment or medicine.
"Our organisation has documented miscarriages and the death of several infants … it is certain there are more," reports a local lawyer.
Reports also indicate women who were chained to medical beds during labour and gave birth while watched by male prison guards.
Overcrowding and Its Effects
Data lists some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."
Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as shown by cases 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 pregnant women. 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 hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"
These tragedies occur in more developed nations. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to sever the umbilical cord herself.
Turning Trauma into Change
Some women have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her cell founded an advocacy group. Her work has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in multiple states.
Another story comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" 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 says. Her experiences later shaped official guidelines around childbirth in detention.
Potential Reforms
Other countries have implemented policies regarding expectant mothers in the legal system. Among them are:
- Evaluating non-custodial options for accused women who are mothers, expecting, or breastfeeding.
- Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
- Permitting the deferral of sentences for women who are pregnant.
Advocates 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 prosecuted for numerous offenses in the beginning," says the advocate.
"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are really what we should be focusing on."
