Shackled, Solitary and Frightened: The Harsh Reality for Female Prisoners Made to Give Birth in Prison.

A rights defender, who was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives were contacted to retrieve the remains of her newborn baby. The reason of death remains unexamined, and her loved ones has no idea what happened or if she was given any postnatal care.

An International Problem

Situations like these are not rare in detention centers around the world. Expectant mothers are often subjected to terrible environments and deprived of proper healthcare. Some miscarry, others begin childbirth and have their babies alone in a prison cell. Tragically, some babies die while incarcerated.

"Nations assume it’s a minority of women so it’s not a problem, but that is incorrect," notes a lawyer working on female imprisonment.

"Prison is a harmful environment for women, let alone someone who is pregnant," she continues. "There’s so much evidence that shows how detrimental it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. This framework state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of shackles on women in childbirth.

Yet, these standards are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal assaults, abuse, and being deprived of essential items. Some resort to exchanging favors with guards for food or medical supplies.

"Our organisation has documented pregnancy losses and the death of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to hospital beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by reports of babies dying from illness and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, 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 United States, a woman who miscarried in her cell set up an organisation. She has successfully pushed for legislation that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted 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, destitution, abuse and substance issues – are truly what we should be investing in."