Restrained, Alone and Scared: The Bleak Reality for Women Forced to Give Birth in Prison.

A rights defender, who was, was detained near her residence in early 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her family were informed to retrieve the remains of her newborn baby. The cause of death was not looked into, and her loved ones has no idea the circumstances or whether she was given any care after birth.

A Global Crisis

These tragic stories are far from uncommon in detention centers around the world. Women carrying children are often held in terrible environments and not given necessary care. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Tragically, infants perish in custody.

"Countries think it’s a small number of women so it’s not a problem, but that’s not true," states a lawyer working on women's incarceration.

"Prison is not a good setting for women, especially not for someone who is expecting," she explains. "There’s so much evidence that indicates how damaging it is. Most prisons were designed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the establishment of the UN's Bangkok Rules for the treatment of female prisoners. This framework state that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

However, these standards are consistently flouted around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In various regions, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with ex-inmates reveal assaults, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the loss of four babies … there will be more," reports a rights defender.

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

Overcrowding and Its Effects

Data lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There exists a persistent 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 evidenced by cases of babies dying from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. She has successfully pushed for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies regarding expectant mothers in the legal system. These include:

• Considering non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Permitting the postponement of sentences for pregnant women.

Experts and people with experience contend that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the expert.

"Community-based solutions that address the root causes of women entering the justice system – for example, poverty, abuse and drugs – are really what we should be investing in."