Shackled, Isolated and Terrified: The Grim Situation for Female Prisoners Forced to Deliver in Incarceration.

An advocate, while she was, was arrested near her residence in early 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The reason of death has not been investigated, and the family remains unaware what happened or if she received any postnatal care.

A Global Issue

Situations like these are alarmingly common in prisons around the world. Expectant mothers are often kept in terrible environments and denied necessary care. Some lose their pregnancies, others deliver and have their babies by themselves in a cell. Devastatingly, infants die in custody.

"Governments think it’s a small number of women so it’s not a problem, but that’s not true," notes a legal advocate focused on female imprisonment.

"Detention is a harmful setting for women, let alone someone who is pregnant," she continues. "Extensive studies that indicates how detrimental it is. Numerous prisons were constructed with men in mind, so women were an afterthought."

Ignored International Guidelines

Over 15 years since the adoption of international guidelines for the handling of incarcerated women. These guidelines 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 restraints on women while giving birth.

However, these rules are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In various regions, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and civil society are denied access. Interviews with formerly incarcerated women describe beatings, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medicine.

"We has documented miscarriages and the death of four babies … there will be more," reports a local lawyer.

It is also reported women who were chained to hospital beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Effects

Data shows some nations as having the highest overcrowding levels in the globe. Women 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 restrained to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from pneumonia and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an advocacy group. She has successfully pushed for laws that ban shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma 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 non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Experts and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the expert.

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