Bound, Solitary and Frightened: The Harsh Reality for Female Inmates Forced to Deliver in Incarceration.

A rights defender, while she was, was arrested near her home in early 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family received a call to retrieve the remains of her infant child. The cause of death remains unexamined, and her loved ones has no idea the circumstances or whether she was given any care after birth.

A Worldwide Problem

Situations like these are far from uncommon within correctional systems around the world. Women carrying children are often kept in terrible environments and deprived of necessary care. Some lose their pregnancies, others begin childbirth and have their babies by themselves in a cell. Devastatingly, infants perish in custody.

"Countries assume it’s a few of women so it’s not an issue, but that is incorrect," states a legal advocate focused on female imprisonment.

"Incarceration is a harmful setting for women, especially not for someone who is pregnant," she continues. "There’s so much research that indicates how harmful it is. Most prisons were constructed with male inmates in mind, so women were an secondary consideration."

Flouted UN Rules

Over 15 years since the creation of specific standards for the treatment of female prisoners. These rules state that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women during labour.

But, these standards are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In some countries, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Reports indicate some resort to trading sex with prison staff for food or medicine.

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

Accounts also tell of women who were chained to medical beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk 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 essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in multiple states.

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

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies regarding pregnant women in the justice system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated believe 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 first place," says the expert.

"Alternatives in the community that tackle the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and drugs – are really what we should be investing in."