Bound, Alone and Scared: The Bleak Truth for Women Made to Give Birth in Incarceration.

A rights defender, while she was, was arrested near her residence in early 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her family were contacted to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones does not know what happened or if she received any postnatal care.

A Worldwide Problem

Cases such as this are not rare within correctional systems globally. Expectant mothers are often held in terrible environments and denied medical attention. Some miscarry, others begin childbirth and have their babies unassisted in a prison cell. Devastatingly, some babies die behind bars.

"Nations think it’s a few of women so it’s insignificant, but that is incorrect," notes a lawyer focused on female imprisonment.

"Prison is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive studies that indicates how detrimental it is. Numerous facilities were designed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the adoption of specific standards for the handling of female prisoners. These guidelines clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also ban the use of restraints on women during labour.

However, these rules are routinely ignored globally. "This is not considered a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In certain nations, situations for expectant inmates are described as "really critical". Family visits have been banned, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with guards for food or medical supplies.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," reports a rights defender.

Accounts also tell of women who were chained to medical beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some nations as having the highest overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "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 restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of infants dying from illness and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully pushed for laws that prohibit shackling and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Experts and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the expert.

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