🔗 Share this article

A human rights activist, at 35 weeks pregnant, was detained near her home in March 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her family received a call to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones does not know the circumstances or if she was given any care after birth.

An International Problem

These tragic stories are not rare in detention centers around the world. Expectant mothers are often subjected to deplorable conditions and denied medical attention. Some miscarry, others begin childbirth and give birth alone in a detention cell. Devastatingly, some babies perish behind bars.

"Nations believe it’s a minority of women so it’s not a problem, but that is a misconception," states a legal advocate working on women's incarceration.

"Detention is a terrible environment for women, not to mention someone who is expecting," she continues. "Extensive studies that shows how damaging it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework specify that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women during labour.

Yet, these rules are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, situations for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Some are forced into trading sex with prison staff for food or medicine.

"We has documented pregnancy losses and the loss of several infants … there will be more," reports a rights defender.

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

Overcrowding and Its Impact

Data shows some countries as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as evidenced by cases of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Different Continents

In one African country, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman lost her daughter after delivering unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully advocated for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. 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 sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the expert.

"Community-based solutions that address the root causes of women entering the justice system – for example, poverty, violence and drugs – are truly what we should be focusing on."