Restrained, Alone and Frightened: The Bleak Situation for Female Prisoners Forced to Give Birth in Detention.

A human rights activist, who was, was arrested near her residence in early 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to collect the body of her newborn baby. The reason of death was not looked into, and her loved ones has no idea the circumstances or whether she was given any postnatal care.

An International Problem

Cases such as this are not rare in prisons globally. Women carrying children are often held in deplorable conditions and not given necessary care. Some miscarry, others go into labour and have their babies unassisted in a detention cell. Sadly, some babies die while incarcerated.

"Countries believe it’s a small number of women so it’s not an issue, but that’s not true," states a legal advocate working on women's incarceration.

"Detention is a terrible setting for women, especially not for someone who is expecting," she explains. "Extensive research that shows how harmful it is. Most prisons were designed with male inmates in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. These rules state that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of restraints on women in childbirth.

But, these standards are often violated globally. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Prisons

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates detail beatings, abuse, and being denied essential items. Some resort to trading sex with prison staff for food or medicine.

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

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

Severe Overpopulation and Its Effects

Statistics lists some nations as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "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 endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts and people with experience argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."