An advocate, who was, was arrested near her home in March 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her family were contacted to retrieve the remains of her infant child. The cause of death has not been investigated, and her loved ones does not know what happened or if she was given any care after birth.
A Worldwide Issue
These tragic stories are not rare within correctional systems around the world. Women carrying children are often kept in deplorable conditions and denied necessary care. Miscarriages occur, others begin childbirth and give birth alone in a cell. Tragically, infants perish behind bars.
"Nations assume it’s a small number of women so it’s not an issue, but that’s not true," notes a legal advocate working on women's incarceration.
"Detention is a terrible place for women, let alone someone who is pregnant," she explains. "Extensive studies that shows how harmful it is. Most prisons were designed with male inmates in mind, so women were an afterthought."
Flouted UN Rules
It has been 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.
However, these rules are often violated globally. "This is not considered a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."
Critical Conditions in Packed Prisons
In some countries, situations for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates detail beatings, abuse, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.
"Our organisation has documented miscarriages and the death of several infants … there will be more," says a rights defender.
It is also reported women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.
Overcrowding and Its Impact
Data lists some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."
Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as evidenced by cases of babies dying from illness and malnourishment behind bars.
Stories from Different Continents
In Zambia, a past prisoner recalls being in a cell 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 praying. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"
Such events occur in more developed nations. In one case, a teenager her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord on her own.
From Experience to Advocacy
Some women have chosen to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her cell set up an organisation. Her work has successfully advocated for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.
Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish 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 says. Her experiences later informed provincial policies around giving birth while incarcerated.
Alternatives and Solutions
Other countries have implemented measures regarding pregnant women in the justice system. These include:
- Considering non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
- Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
- Allowing for the postponement of prison terms for women who are pregnant.
Experts and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.
"Community-based solutions that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be investing in."
