Shackled, Solitary and Scared: The Harsh Reality for Female Prisoners Made to Have Their Babies in Incarceration.

A rights defender, who was, was arrested near her residence in March 2024. Accused with a vague offense, she was jailed lacking proof. Three weeks later, her relatives were informed to retrieve the remains of her infant child. The reason of death has not been investigated, and the family has no idea the circumstances or whether she received any care after birth.

An International Crisis

Situations like these are far from uncommon within correctional systems globally. Pregnant women are often held in appalling situations and denied medical attention. Miscarriages occur, others begin childbirth and give birth by themselves in a prison cell. Devastatingly, infants perish behind bars.

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

"Incarceration is a terrible environment for women, let alone someone who is expecting," she explains. "Extensive evidence that indicates how detrimental it is. Many prisons were built with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These guidelines specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women during labour.

However, these guidelines are consistently flouted around the world. "This is not considered a global gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In some countries, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medical supplies.

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

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as evidenced by reports of infants succumbing from illness and malnourishment in custody.

Stories from Different Continents

In one African country, a former inmate recalls being in a cell with expectant mothers. Cell doors were secured 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 floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman her baby died after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the root causes of women entering the legal system – for example, poverty, violence and drugs – are truly what we should be focusing on."