Shackled, Alone and Frightened: The Harsh Situation for Female Inmates Compelled to Deliver in Prison.

A human rights activist, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were informed to collect the body of her infant child. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she obtained any postnatal care.

A Worldwide Problem

Situations like these are alarmingly common within correctional systems internationally. Pregnant women are often kept in appalling situations and denied medical attention. Some miscarry, others deliver and have their babies alone in a prison cell. Tragically, infants perish behind bars.

"Governments believe it’s a small number of women so it’s not an issue, but that is incorrect," states a lawyer dedicated to women's incarceration.

"Incarceration is not a good setting for women, let alone someone who is pregnant," she explains. "Extensive evidence that indicates how detrimental it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the establishment of international guidelines for the handling of female prisoners. These rules clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

But, these rules are consistently flouted around the world. "This is not considered a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and civil society are denied access. Interviews with ex-inmates describe assaults, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"Our organisation has documented pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

Reports also indicate women who were chained to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as shown by cases of infants succumbing from illness and malnourishment in custody.

Accounts from Around the Globe

In Zambia, 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 praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully pushed for laws that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for pregnant women in the legal system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be investing in."