Bound, Alone and Terrified: The Grim Reality for Female Inmates Made to Give Birth in Detention.

An advocate, at 35 weeks pregnant, was arrested near her residence in March 2024. Accused with a vague offense, she was held without evidence. Three weeks later, her family received a call to collect the body of her newborn baby. The reason of death has not been investigated, and her loved ones does not know what happened or if she was given any postnatal care.

A Global Crisis

These tragic stories are not rare in detention centers globally. Pregnant women are often held in appalling situations and not given proper healthcare. Some lose their pregnancies, others go into labour and give birth unassisted in a cell. Devastatingly, infants perish while incarcerated.

"Countries think it’s a minority of women so it’s insignificant, but that is incorrect," states a lawyer working on women's incarceration.

"Detention is a harmful environment for women, not to mention someone who is pregnant," she adds. "Extensive research that indicates how damaging it is. Numerous prisons were designed with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the creation of international guidelines for the handling of female prisoners. These guidelines clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women in childbirth.

But, these rules are consistently flouted globally. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Systems

In certain nations, situations for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, torture, and being deprived of basic supplies. Some are forced into exchanging favors with guards for nourishment or medicine.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

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

Severe Overpopulation and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by reports of infants succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a cell with pregnant women. 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 praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that ban shackling and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the advocate.

"Alternatives in the community that tackle the root causes of women coming into contact with the justice system – for example, destitution, violence and drugs – are really what we should be investing in."