Restrained, Isolated and Terrified: The Bleak Truth for Female Inmates Made to Deliver in Incarceration.

An advocate, while she was, was arrested near her home in March 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her family were contacted to collect the body of her infant child. The reason of death has not been investigated, and her loved ones does not know what happened or whether she received any postnatal care.

A Global Issue

Cases such as this are far from uncommon in detention centers internationally. Expectant mothers are often kept in appalling situations and denied medical attention. Some miscarry, others deliver and have their babies unassisted in a detention cell. Tragically, some babies die behind bars.

"Countries believe it’s a minority of women so it’s not an issue, but that is incorrect," says a lawyer working on women's incarceration.

"Detention is not a good environment for women, especially not for someone who is pregnant," she explains. "There’s so much research that demonstrates how damaging it is. Numerous prisons were designed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of specific standards for the handling of female prisoners. These guidelines specify that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women in childbirth.

However, these guidelines are consistently flouted around the world. "This isn’t seen as a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Prisons

In some countries, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the loss of several infants … there will be more," reports a rights defender.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Effects

Data shows some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of babies dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a young woman her baby died after delivering alone in a prison cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

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 numerous offenses in the first place," says the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."