Bound, Solitary and Frightened: The Grim Situation for Women Forced to Give Birth in Detention.

An advocate, who was, was arrested near her residence in March 2024. Accused with a broad allegation, she was imprisoned lacking proof. Three weeks later, her relatives were informed to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or whether she was given any postnatal care.

A Global Issue

These tragic stories are alarmingly common in prisons internationally. Expectant mothers are often kept in terrible environments and not given proper healthcare. Miscarriages occur, others deliver and have their babies unassisted in a cell. Sadly, some babies die while incarcerated.

"Nations assume it’s a small number of women so it’s not an issue, but that is a misconception," notes a lawyer working on women's incarceration.

"Incarceration is not a good place for women, not to mention someone who is expecting," she continues. "Extensive evidence that shows how detrimental it is. Many prisons were constructed with men in mind, so women were an secondary consideration."

Flouted UN Rules

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of female prisoners. This framework clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of restraints on women while giving birth.

But, these rules are consistently flouted around the world. "This is not considered a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, situations for expectant inmates are described as "really critical". Family visits have been banned, and civil society are denied access. Interviews with ex-inmates describe assaults, torture, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medicine.

"We has recorded miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Statistics lists some nations as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for raising a newborn back in prison are worrying, as shown by cases of babies dying from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully pushed for legislation that prohibit 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. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced policies regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an option to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be investing in."