Shackled, Isolated and Scared: The Harsh Reality for Women Compelled to Have Their Babies in Detention.

A rights defender, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family were informed to collect the body of her newborn baby. The cause of death has not been investigated, and the family does not know the circumstances or if she received any postnatal care.

A Global Problem

Cases such as this are alarmingly common in prisons around the world. Expectant mothers are often kept in appalling situations and deprived of medical attention. Some lose their pregnancies, others go into labour and give birth unassisted in a cell. Tragically, some babies die behind bars.

"Nations think it’s a minority of women so it’s not an issue, but that’s not true," notes a legal advocate dedicated to female imprisonment.

"Prison is not a good environment for women, not to mention someone who is pregnant," she continues. "There’s so much research that shows how detrimental it is. Numerous facilities were constructed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the establishment of specific standards for the treatment of incarcerated women. These guidelines state that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

Yet, these guidelines are consistently flouted around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In some countries, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and civil society are denied access. Accounts with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medicine.

"We has documented pregnancy losses and the loss of several infants … there will be more," says a rights defender.

It is also reported women who were chained to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies for expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers 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.

"Community-based solutions that address the root causes of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."