Shackled, Solitary and Scared: The Harsh Situation for Female Inmates Made to Have Their Babies in Detention.

An advocate, while she was, was arrested near her home in March 2024. Charged with a broad allegation, she was held lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her infant child. The cause of death has not been investigated, and the family has no idea the circumstances or whether she received any care after birth.

A Worldwide Problem

These tragic stories are far from uncommon in detention centers internationally. Women carrying children are often held in appalling situations and denied medical attention. Miscarriages occur, others begin childbirth and have their babies by themselves in a cell. Sadly, infants die behind bars.

"Countries assume it’s a minority of women so it’s not a problem, but that’s not true," notes a lawyer working on female imprisonment.

"Detention is not a good environment for women, let alone someone who is expecting," she continues. "Extensive evidence that indicates how detrimental it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These guidelines specify that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women in childbirth.

But, these guidelines are consistently flouted around the world. "This isn’t seen as 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 Packed Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of essential items. Some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … it is certain there are more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

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

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance went unanswered for an extended period, and she was forced to sever the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully pushed for laws that ban restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" 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 go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Considering alternatives to detention for defendants who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the deferral 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. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be focusing on."