A human rights activist, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was jailed without evidence. Weeks afterward, her family received a call to collect the body of her newborn baby. The reason of death was not looked into, and her loved ones has no idea what happened or whether she obtained any care after birth.
A Global Issue
Situations like these are not rare within correctional systems globally. Expectant mothers are often subjected to terrible environments and denied necessary care. Miscarriages occur, others deliver and have their babies alone in a detention cell. Devastatingly, infants die in custody.
"Nations believe it’s a minority of women so it’s not an issue, but that’s not true," notes a lawyer dedicated to female imprisonment.
"Detention is a harmful setting for women, let alone someone who is expecting," she adds. "There’s so much research that demonstrates how harmful it is. Most prisons were designed with men in mind, so women were an afterthought."
Violated International Guidelines
It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. These guidelines clearly say that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.
Yet, these rules are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."
Dire Situations in Packed Systems
In some countries, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied essential items. Reports indicate some are forced into trading sex with guards for nourishment or medical supplies.
"We has recorded pregnancy losses and the death of four babies … 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 observed by male prison guards.
Overcrowding and Its Impact
Data lists some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."
Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants succumbing from illness and malnourishment behind bars.
Stories from Different Continents
In one African country, a past prisoner recalls being in a cell with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"
These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.
Turning Trauma into Change
A number of survivors have decided to use their traumatic ordeals 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 solitary confinement for expectant inmates in multiple states.
A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.
"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.
Alternatives and Solutions
Other countries have implemented measures regarding pregnant women in the legal system. These include:
- Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
- Implementing home detention as an option to being held on remand, especially for pregnant women.
- Permitting the deferral of prison terms for women who are pregnant.
Experts and those who have been incarcerated believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the expert.
"Community-based solutions that address the root causes of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."
