🔗 Share this article

An advocate, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family were informed to collect the body of her infant child. The cause of death has not been investigated, and the family remains unaware what happened or whether she obtained any postnatal care.

A Worldwide Problem

These tragic stories are far from uncommon in detention centers internationally. Pregnant women are often kept in appalling situations and denied medical attention. Some miscarry, others go into labour and have their babies alone in a prison cell. Devastatingly, some babies die while incarcerated.

"Countries assume it’s a few of women so it’s not a problem, but that is a misconception," states a lawyer focused on women's incarceration.

"Detention is not a good place for women, especially not for someone who is pregnant," she continues. "There’s so much studies that demonstrates how harmful it is. Most prisons were designed with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of the UN's Bangkok Rules for the handling of female prisoners. These rules specify that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of restraints on women while giving birth.

However, these guidelines are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In certain nations, conditions for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women describe beatings, abuse, and being denied essential items. Some are forced into exchanging favors with guards for nourishment or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," says a rights defender.

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

Severe Overpopulation and Its Consequences

Data lists some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

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

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a cell with expectant mothers. 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 asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell set up an advocacy group. She has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, expecting, 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 women who are pregnant.

Advocates and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."