Shackled, Solitary and Frightened: The Grim Reality for Women Forced to Deliver in Incarceration.

An advocate, at 35 weeks pregnant, was arrested near her residence in early 2024. Charged with a vague offense, she was jailed lacking proof. Weeks afterward, her relatives were contacted to retrieve the body of her infant child. The cause of death remains unexamined, and the family does not know what happened or whether she was given any care after birth.

A Global Problem

These tragic stories are far from uncommon in detention centers globally. Pregnant women are often subjected to appalling situations and denied medical attention. Some miscarry, others begin childbirth and have their babies by themselves in a prison cell. Tragically, some babies perish behind bars.

"Governments believe it’s a minority of women so it’s insignificant, but that is incorrect," notes a legal advocate dedicated to women's incarceration.

"Detention is not a good setting for women, not to mention someone who is pregnant," she continues. "There’s so much evidence that demonstrates how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the establishment of international guidelines for the treatment of incarcerated women. This framework specify that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of shackles on women during labour.

Yet, these rules are routinely ignored globally. "This is not considered a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Accounts with ex-inmates detail beatings, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for food or medicine.

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

It is also reported women who were shackled to medical beds during labour and gave birth while observed by male prison guards.

Overcrowding and Its Consequences

Data shows some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of infants succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her prison cell founded an advocacy group. She has successfully pushed for legislation that ban restraints and isolation for expectant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced measures for pregnant women in the legal system. These include:

• Evaluating alternatives to detention for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the expert.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, destitution, violence and substance issues – are truly what we should be investing in."