Shackled, Alone and Frightened: The Harsh Situation for Women Made to Have Their Babies in Prison.

A human rights activist, who was, was detained near her home in early 2024. Accused with a broad allegation, she was jailed without evidence. Weeks afterward, her family were contacted to retrieve the body of her newborn baby. The reason of death was not looked into, and her loved ones has no idea the circumstances or if she was given any care after birth.

A Global Issue

Situations like these are alarmingly common within correctional systems around the world. Expectant mothers are often subjected to deplorable conditions and not given necessary care. Some lose their pregnancies, others go into labour and have their babies by themselves in a prison cell. Tragically, some babies die behind bars.

"Governments think it’s a small number of women so it’s insignificant, but that’s not true," says a lawyer dedicated to female imprisonment.

"Detention is a terrible setting for women, let alone someone who is expecting," she explains. "Extensive studies that demonstrates how damaging it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules clearly say that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of shackles on women while giving birth.

However, these guidelines are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates reveal beatings, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for food or medical supplies.

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

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

Overcrowding and Its Impact

Data shows some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. In one case, a young woman her baby died after giving birth alone in a cell. Her calls for help went unanswered for hours, and she was had to bite through the cord on her own.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "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 provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Experts and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, violence and drugs – are really what we should be focusing on."