Restrained, Alone and Scared: The Grim Situation for Women Compelled to Deliver in Detention.

A rights defender, at 35 weeks pregnant, was detained near her home in March 2024. Accused with a vague offense, she was held without evidence. Three weeks later, her relatives received a call to retrieve the body of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she obtained any postnatal care.

A Worldwide Problem

These tragic stories are far from uncommon in detention centers globally. Women carrying children are often subjected to appalling situations and deprived of necessary care. Some lose their pregnancies, others begin childbirth and give birth unassisted in a cell. Devastatingly, infants perish behind bars.

"Nations believe it’s a small number of women so it’s not an issue, but that’s not true," says a lawyer working on women's incarceration.

"Detention is not a good setting for women, especially not for someone who is expecting," she explains. "Extensive evidence that demonstrates how detrimental it is. Numerous prisons were designed with men in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework state that prison 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 during labour.

But, these standards are routinely ignored globally. "This is not considered a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In some countries, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for nourishment or medicine.

"We has recorded pregnancy losses and the loss of several infants … there will be more," says a local lawyer.

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

Overcrowding and Its Effects

Statistics lists some nations as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. The environment for raising a newborn back in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced measures for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

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 beginning," argues the expert.

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