Shackled, Alone and Frightened: The Harsh Reality for Female Prisoners Compelled to Deliver in Prison.

An advocate, at 35 weeks pregnant, was taken into custody near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her family received a call to collect the body of her newborn baby. The reason of death has not been investigated, and the family remains unaware what happened or if she was given any postnatal care.

A Worldwide Crisis

Cases such as this are alarmingly common in prisons internationally. Pregnant women are often subjected to deplorable conditions and denied necessary care. Some lose their pregnancies, others begin childbirth and give birth by themselves in a detention cell. Sadly, infants die behind bars.

"Nations assume 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, especially not for someone who is expecting," she continues. "Extensive studies that demonstrates how harmful it is. Numerous prisons were designed with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also prohibit the use of shackles on women during labour.

Yet, these guidelines are routinely ignored globally. "This isn’t seen as a global gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal assaults, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … there will be more," reports a local lawyer.

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

Severe Overpopulation and Its Impact

Statistics shows some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is rarely 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 before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by reports of infants dying from pneumonia and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. For example, a young woman her baby died after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, 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 traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully pushed for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff 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?" was the response.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

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