Restrained, Solitary and Scared: The Harsh Truth for Women Forced to Have Their Babies in Prison.

A human rights activist, who was, was detained near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family received a call to retrieve the remains of her infant child. The cause of death remains unexamined, and the family has no idea the circumstances or if she obtained any care after birth.

A Global Issue

Situations like these are alarmingly common within correctional systems internationally. Women carrying children are often subjected to appalling situations and not given medical attention. Some miscarry, others deliver and give birth alone in a cell. Sadly, some babies die while incarcerated.

"Governments believe it’s a few of women so it’s insignificant, but that is a misconception," says a legal advocate dedicated to female imprisonment.

"Incarceration is a harmful setting for women, let alone someone who is expecting," she adds. "Extensive studies that indicates how harmful it is. Most prisons were designed with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. This framework 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 shackles on women during labour.

Yet, these rules are often violated globally. "This isn’t seen as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of essential items. Some resort to trading sex with guards for food or medicine.

"We has documented pregnancy losses and the loss of four babies … it is certain there are more," says a local lawyer.

Accounts also tell of women who were chained to hospital beds while in labor and delivered while watched by male prison guards.

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 lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn upon return in prison are alarming, as evidenced by reports of infants dying from illness and severe malnutrition behind bars.

Accounts from Different Continents

In one African country, a former inmate remembers being in a detention block with expectant mothers. Doors were secured overnight. When someone started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman her baby died after giving birth unassisted in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for legislation that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

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

Alternatives and Solutions

Some nations have implemented measures regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues 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 drugs – are truly what we should be investing in."