Shackled, Solitary and Scared: The Harsh Reality for Female Inmates Compelled to Have Their Babies in Prison.

An advocate, while she was, was arrested near her home in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Three weeks later, her family were informed to collect the body of her newborn baby. The reason of death was not looked into, and her loved ones has no idea the circumstances or whether she received any care after birth.

A Worldwide Issue

Situations like these are alarmingly common in detention centers globally. Pregnant women are often subjected to terrible environments and not given necessary care. Some miscarry, others go into labour and have their babies by themselves in a cell. Sadly, some babies die in custody.

"Nations believe it’s a small number of women so it’s not an issue, but that is incorrect," notes a lawyer focused on female imprisonment.

"Prison is not a good setting for women, let alone someone who is expecting," she continues. "Extensive evidence that shows how damaging it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the establishment of specific standards for the handling of female prisoners. This framework specify that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women during labour.

But, these guidelines are often violated around the world. "This isn’t seen as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In some countries, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women reveal beatings, abuse, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Data shows some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as shown by reports of babies succumbing from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was forced to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her cell set up an advocacy group. Her work has successfully pushed for laws that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented policies for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."