Bound, Alone and Terrified: The Bleak Truth for Women Made to Have Their Babies in Prison.

An advocate, while she was, was arrested near her residence in March 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family received a call to collect the body of her infant child. The cause of death was not looked into, and the family remains unaware what happened or whether she received any care after birth.

A Worldwide Crisis

Situations like these are not rare within correctional systems around the world. Expectant mothers are often held in appalling situations and denied necessary care. Miscarriages occur, others deliver and give birth alone in a detention cell. Sadly, some babies perish behind bars.

"Countries believe it’s a minority of women so it’s not a problem, but that is a misconception," notes a lawyer focused on women's incarceration.

"Incarceration is a harmful environment for women, not to mention someone who is pregnant," she continues. "There’s so much research that shows how damaging it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

It has been 15 years since the establishment of specific standards for the handling of female prisoners. These rules clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

However, these guidelines are often violated globally. "This is not considered a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, torture, and being deprived of essential items. Some resort to exchanging favors with guards for nourishment or medicine.

"We has recorded pregnancy losses and the loss of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are alarming, as shown by reports of infants dying from illness and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block with expectant mothers. 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 hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman lost her daughter after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was had 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 US, a woman who miscarried in her cell set up an organisation. Her work has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

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

Potential Reforms

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

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of prison terms 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 advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are really what we should be investing in."