A human rights activist, who was, was taken into custody near her home in early 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were contacted to retrieve the body of her newborn baby. The reason of death was not looked into, and the family remains unaware what happened or whether she received any postnatal care.
A Global Issue
Cases such as this are alarmingly common in prisons globally. Women carrying children are often subjected to terrible environments and deprived of proper healthcare. Some lose their pregnancies, others go into labour and have their babies unassisted in a detention cell. Sadly, infants perish behind bars.
"Nations assume it’s a minority of women so it’s not a problem, but that is a misconception," notes a lawyer dedicated to female imprisonment.
"Detention is a harmful place for women, let alone someone who is pregnant," she explains. "Extensive research that demonstrates how damaging it is. Numerous facilities were constructed with men in mind, so women were an afterthought."
Flouted Global Standards
It has been 15 years since the creation of international guidelines for the handling of incarcerated women. These guidelines specify that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women in childbirth.
However, these guidelines are routinely ignored globally. "This is not considered a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."
Dire Situations in Packed Systems
In some countries, conditions for expectant inmates are described as "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Some are forced into trading sex with prison staff for food or medicine.
"We has documented miscarriages and the loss of four babies … it is certain there are more," says a rights defender.
Accounts also tell of women who were chained to hospital beds while in labor and gave birth while watched by male prison guards.
Overcrowding and Its Consequences
Data shows some countries as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."
Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by reports of babies dying from pneumonia and malnourishment behind bars.
Accounts from Different Continents
In one African country, a past prisoner remembers being in a detention block with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"
Such events occur in wealthier nations. For example, a young woman her baby died after delivering alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the cord herself.
Turning Trauma into Change
A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an organisation. She has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in numerous jurisdictions.
A separate account comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.
"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. Her experiences later informed provincial policies around childbirth in detention.
Potential Reforms
Some nations have introduced policies regarding pregnant women in the justice system. Among them are:
- Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
- Introducing house arrest as an option to being held on remand, particularly for pregnant women.
- Allowing for the deferral of prison terms for women who are pregnant.
Experts and people with experience argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the expert.
"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."
