Restrained, Alone and Scared: The Harsh Truth for Female Inmates Compelled to Give Birth in Detention.

A rights defender, who was, was detained near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family were contacted to collect the body of her infant child. The cause of death has not been investigated, and her loved ones remains unaware what happened or if she received any postnatal care.

A Global Problem

These tragic stories are far from uncommon in prisons globally. Expectant mothers are often held in deplorable conditions and denied proper healthcare. Some lose their pregnancies, others go into labour and have their babies unassisted in a prison cell. Devastatingly, some babies perish behind bars.

"Countries assume it’s a small number of women so it’s not an issue, but that is a misconception," says a lawyer dedicated to women's incarceration.

"Incarceration is a terrible place for women, not to mention someone who is expecting," she explains. "There’s so much evidence that shows how harmful it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. These guidelines specify that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these guidelines are often violated globally. "This is not viewed as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of essential items. Reports indicate some are forced into 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 chained to medical beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "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 prior to delivery. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. 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 giving birth unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

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

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