Restrained, Alone and Frightened: The Harsh Truth for Female Prisoners Compelled to Deliver in Prison.

A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or whether she was given any care after birth.

A Worldwide Issue

Situations like these are far from uncommon within correctional systems around the world. Expectant mothers are often kept in deplorable conditions and not given medical attention. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Tragically, some babies perish in custody.

"Countries believe it’s a small number of women so it’s insignificant, but that is incorrect," notes a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful environment for women, not to mention someone who is expecting," she continues. "Extensive research that demonstrates how detrimental it is. Many prisons were constructed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the establishment of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines state that prison should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women during labour.

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

Dire Situations in Overcrowded Prisons

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with ex-inmates detail beatings, torture, and being denied basic supplies. Some resort to trading sex with guards for food or medical supplies.

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

Reports also indicate women who were chained to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Effects

Statistics lists some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as evidenced by reports of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell set up an organisation. She has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced measures for expectant mothers in the legal system. Among them are:

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

Advocates and people with experience believe 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 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, poverty, abuse and substance issues – are really what we should be focusing on."