🔗 Share this article

An advocate, who was, was taken into custody near her home in early 2024. Charged with a vague offense, she was held without evidence. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The cause of death remains unexamined, and the family remains unaware the circumstances or if she was given any care after birth.

An International Crisis

Cases such as this are far from uncommon within correctional systems around the world. Pregnant women are often held in appalling situations and not given proper healthcare. Miscarriages occur, others deliver and give birth unassisted in a detention cell. Devastatingly, some babies die while incarcerated.

"Governments assume it’s a small number of women so it’s not a problem, but that’s not true," notes a legal advocate focused on women's incarceration.

"Prison is not a good environment for women, especially not for someone who is pregnant," she adds. "There’s so much evidence that shows how detrimental it is. Many prisons were built with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the creation of international guidelines for the handling of female prisoners. This framework specify that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of restraints on women during labour.

However, these standards are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In some countries, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been banned, and civil society are barred from entry. Interviews with ex-inmates describe beatings, abuse, and being denied basic supplies. Some resort to trading sex with guards for food or medicine.

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

It is also reported women who were chained to hospital beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Impact

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of babies succumbing from illness and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a teenager her baby died after delivering alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-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.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the justice system. Among them are:

• Considering alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."