A human rights activist, who was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her family were informed to collect the body of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware what happened or if she was given any postnatal care.
A Worldwide Issue
Situations like these are alarmingly common within correctional systems internationally. Pregnant women are often kept in terrible environments and denied medical attention. Some lose their pregnancies, others go into labour and give birth alone in a detention cell. Tragically, some babies die behind bars.
"Governments think it’s a minority of women so it’s not an issue, but that’s not true," states a legal advocate focused on female imprisonment.
"Incarceration is not a good setting for women, especially not for someone who is pregnant," she continues. "There’s so much studies that demonstrates how harmful it is. Most prisons were built with men in mind, so women were an secondary consideration."
Ignored International Guidelines
It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. This framework clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.
However, these rules are often violated globally. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."
Dire Situations in Packed Prisons
In some countries, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women detail beatings, torture, and being denied essential items. Some are forced into trading sex with prison staff for food or medical supplies.
"Our organisation has documented miscarriages and the death of several infants … there will be more," says a local lawyer.
Reports also indicate women who were shackled to medical beds while in labor and delivered while observed by male prison guards.
Overcrowding and Its Impact
Data shows some nations as having the highest overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."
Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition in custody.
Stories from Different Continents
In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"
Such events also happen in wealthier nations. For example, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord on her own.
Turning Trauma into Change
A number of survivors have decided to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.
A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the bed. Hospital staff 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 never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around childbirth in detention.
Alternatives and Solutions
Other countries have introduced policies regarding expectant mothers in the legal system. Among them are:
- Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
- Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
- Permitting the deferral of prison terms for pregnant women.
Advocates and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the advocate.
"Community-based solutions that address 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 focusing on."
