Bound, Solitary and Terrified: The Bleak Situation for Women Forced to Deliver in Incarceration.

An advocate, who was, was taken into custody near her residence in early 2024. Charged with a crime of "illicit association", she was held without evidence. Three weeks later, her family received a call to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or if she received any postnatal care.

A Global Issue

These tragic stories are alarmingly common within correctional systems internationally. Expectant mothers are often held in appalling situations and denied necessary care. Some miscarry, others deliver and give birth by themselves in a cell. Tragically, infants perish behind bars.

"Countries assume it’s a minority of women so it’s not a problem, but that is a misconception," notes a lawyer dedicated to female imprisonment.

"Prison is a terrible place for women, let alone someone who is expecting," she adds. "There’s so much evidence that indicates how detrimental it is. Most prisons were built with male inmates in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. They also prohibit the use of restraints on women during labour.

Yet, these standards are routinely ignored globally. "This is not viewed as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, conditions for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Interviews with ex-inmates reveal assaults, torture, and being denied basic supplies. Reports indicate some resort to trading sex with guards for nourishment or medical supplies.

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

It is also reported women who were chained to medical beds while in labor and delivered while observed by male officers.

Overcrowding and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a detention block with expectant mothers. 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 banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the hospital 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.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and people with experience believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," says the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."