🔗 Share this article

An advocate, while she was, was taken into custody near her residence in early 2024. Charged with a crime of "illicit association", she was held without evidence. Weeks afterward, her family were informed to collect the remains of her infant child. The cause of death has not been investigated, and the family has no idea the circumstances or whether she received any postnatal care.

A Worldwide Issue

These tragic stories are not rare in detention centers around the world. Pregnant women are often kept in deplorable conditions and deprived of medical attention. Some lose their pregnancies, others deliver and have their babies alone in a cell. Devastatingly, infants die in custody.

"Nations assume it’s a few of women so it’s insignificant, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Prison is not a good setting for women, not to mention someone who is pregnant," she explains. "There’s so much research that demonstrates how detrimental it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Ignored Global Standards

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of shackles on women while giving birth.

Yet, these guidelines are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In some countries, conditions for expectant inmates are described as "really critical". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates detail assaults, torture, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the loss of several infants … there will be more," says a local lawyer.

Accounts also tell of women who were shackled to hospital beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Consequences

Statistics shows some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are worrying, as shown by cases of babies succumbing from pneumonia and malnourishment behind bars.

Stories from Different Continents

In one African country, a past prisoner remembers being in a cell with pregnant women. Cell doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. 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 forced to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an advocacy group. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have introduced policies for pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

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