Bound, Solitary and Frightened: The Harsh Situation for Female Inmates Forced to Give Birth in Detention.

An advocate, at 35 weeks pregnant, was arrested near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her relatives received a call to retrieve the body of her infant child. The reason of death was not looked into, and the family remains unaware what happened or whether she was given any care after birth.

An International Issue

Situations like these are not rare in detention centers around the world. Expectant mothers are often kept in terrible environments and deprived of proper healthcare. Some miscarry, others go into labour and give birth alone in a cell. Devastatingly, some babies die behind bars.

"Countries assume it’s a small number of women so it’s not a problem, but that is incorrect," notes a legal advocate focused on women's incarceration.

"Prison is not a good place for women, let alone someone who is expecting," she adds. "There’s so much research that shows how damaging it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These guidelines specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of restraints on women in childbirth.

However, these standards are often violated globally. "This is not considered a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of basic supplies. Some resort to trading sex with guards for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the loss of four babies … it is certain there are more," says a local lawyer.

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

Overcrowding and Its Effects

Statistics lists some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of babies dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a former inmate 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 forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman her baby died after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Advocates and those who have been incarcerated argue that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."