🔗 Share this article

A rights defender, at 35 weeks pregnant, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were contacted to retrieve the remains of her newborn baby. The reason of death has not been investigated, and the family does not know what happened or whether she obtained any care after birth.

An International Crisis

These tragic stories are not rare in detention centers internationally. Pregnant women are often held in appalling situations and not given medical attention. Miscarriages occur, others go into labour and have their babies alone in a cell. Devastatingly, infants die in custody.

"Countries think it’s a few of women so it’s insignificant, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Prison is a harmful environment for women, not to mention someone who is expecting," she adds. "There’s so much studies that demonstrates how detrimental it is. Many facilities were constructed with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These rules clearly say that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women during labour.

However, these guidelines are routinely ignored globally. "This is not viewed as a global priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and civil society are denied access. Interviews with ex-inmates reveal assaults, abuse, and being denied essential items. Reports indicate some are forced into trading sex with guards for food or medical supplies.

"Our organisation has recorded pregnancy losses and the death of several infants … there will be more," says a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Effects

Statistics lists some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of infants succumbing from illness and malnourishment in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for laws that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. 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 for expectant mothers in the justice system. These include:

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

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

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