Shackled, Solitary and Scared: The Harsh Reality for Female Prisoners Made to Deliver in Incarceration.

A rights defender, while she was, was arrested near her residence in March 2024. Charged with a vague offense, she was held lacking proof. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The reason of death remains unexamined, and the family has no idea what happened or if she was given any postnatal care.

An International Crisis

Situations like these are not rare within correctional systems internationally. Women carrying children are often held in terrible environments and deprived of medical attention. Some lose their pregnancies, others deliver and give birth alone in a detention cell. Sadly, infants perish in custody.

"Governments think it’s a few of women so it’s insignificant, but that’s not true," states a legal advocate dedicated to female imprisonment.

"Detention is a harmful place for women, let alone someone who is pregnant," she continues. "There’s so much evidence that demonstrates how detrimental it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Violated UN Rules

Over 15 years since the adoption of specific standards for the treatment of female prisoners. This framework clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. They also ban the use of shackles on women while giving birth.

However, these standards are often violated around the world. "This is not considered a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "really critical". Family visits have been prohibited, and civil society are barred from entry. Accounts with ex-inmates describe assaults, torture, and being denied essential items. Some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of four babies … there will be more," reports a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Impact

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

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for caring for an infant back in prison are worrying, as shown by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding pregnant women in the legal system. Among them are:

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

Experts and people with experience argue that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be investing in."