🔗 Share this article

A human rights activist, at 35 weeks pregnant, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family were informed to retrieve the body of her infant child. The reason of death was not looked into, and her loved ones does not know what happened or whether she received any care after birth.

An International Problem

Situations like these are not rare in detention centers around the world. Pregnant women are often subjected to appalling situations and deprived of proper healthcare. Some miscarry, others begin childbirth and give birth unassisted in a prison cell. Tragically, some babies die while incarcerated.

"Governments think it’s a minority of women so it’s not an issue, but that is incorrect," notes a lawyer focused on women's incarceration.

"Prison is a harmful setting for women, not to mention someone who is pregnant," she continues. "Extensive studies that demonstrates how damaging it is. Most prisons were built with men in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the adoption of specific standards for the handling of incarcerated women. This framework state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

However, these rules are often violated around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Prisons

In some countries, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates reveal assaults, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

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

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

Overcrowding and Its Consequences

Statistics lists some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from illness and malnourishment behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a young woman her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Considering non-custodial options for defendants who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, especially for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and people with experience believe that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are truly what we should be focusing on."