🔗 Share this article

An advocate, at 35 weeks pregnant, was detained near her residence in March 2024. Charged with a crime of "illicit association", she was held without evidence. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death has not been investigated, and her loved ones remains unaware the circumstances or whether she was given any postnatal care.

An International Problem

Situations like these are alarmingly common in prisons around the world. Women carrying children are often subjected to terrible environments and denied necessary care. Some lose their pregnancies, others deliver and have their babies alone in a prison cell. Sadly, some babies perish behind bars.

"Countries think it’s a small number of women so it’s insignificant, but that is incorrect," states a legal advocate working on female imprisonment.

"Detention is a terrible place for women, especially not for someone who is expecting," she continues. "Extensive research that shows how harmful it is. Many prisons were built with men in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. These guidelines state 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 shackles on women in childbirth.

Yet, these rules are often violated globally. "This is not considered a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Interviews with ex-inmates detail assaults, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of four babies … there will be more," reports a rights defender.

Accounts also tell of women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Consequences

Data shows some countries as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as shown by reports of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell set up an organisation. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

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

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

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

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, poverty, violence and substance issues – are really what we should be focusing on."