Shackled, Isolated and Scared: The Harsh Situation for Female Inmates Forced to Deliver in Incarceration.

An advocate, while she was, was detained near her residence in March 2024. Charged with a vague offense, she was held lacking proof. Three weeks later, her family were contacted to retrieve the remains of her infant child. The reason of death has not been investigated, and the family does not know what happened or whether she received any care after birth.

A Worldwide Crisis

These tragic stories are not rare in detention centers globally. Expectant mothers are often subjected to appalling situations and deprived of medical attention. Some lose their pregnancies, others begin childbirth and give birth by themselves in a prison cell. Sadly, infants perish behind bars.

"Nations assume it’s a few of women so it’s not a problem, but that is a misconception," says a legal advocate focused on women's incarceration.

"Prison is not a good environment for women, not to mention someone who is pregnant," she continues. "There’s so much studies that demonstrates how harmful it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. These guidelines state that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of restraints on women while giving birth.

Yet, these rules are consistently flouted globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Accounts with ex-inmates detail assaults, torture, and being denied essential items. Reports indicate some are forced into trading sex with guards for food or medicine.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," says a local lawyer.

Reports also indicate women who were shackled to medical beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable 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 handcuffed to hospital beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as evidenced by cases of babies dying from illness and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth 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, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. 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 herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. 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 prohibit restraints and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" 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 says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Experts and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that address the root causes of women entering the justice system – for example, destitution, abuse and drugs – are really what we should be investing in."