Bound, Alone and Frightened: The Bleak Situation for Women Forced to Have Their Babies in Prison.

A human rights activist, while she was, was arrested near her home in March 2024. Charged with a broad allegation, she was jailed without evidence. Three weeks later, her relatives were contacted to retrieve the body of her infant child. The reason of death remains unexamined, and the family remains unaware the circumstances or if she was given any postnatal care.

An International Crisis

Cases such as this are far from uncommon within correctional systems internationally. Women carrying children are often kept in appalling situations and deprived of proper healthcare. Some lose their pregnancies, others deliver and give birth unassisted in a detention cell. Devastatingly, infants perish in custody.

"Countries think it’s a minority of women so it’s insignificant, but that’s not true," says a legal advocate dedicated to women's incarceration.

"Detention is not a good environment for women, especially not for someone who is expecting," she explains. "There’s so much research that shows how detrimental it is. Many facilities were designed with men in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the adoption of specific standards for the handling of female prisoners. This framework specify that prison 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 standards are consistently flouted around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being denied basic supplies. Some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has recorded miscarriages and the death of several infants … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as evidenced by reports of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

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

Potential Reforms

Other countries have implemented policies regarding expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and people with experience contend that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."