Bound, Alone and Frightened: The Bleak Truth for Women Forced to Give Birth in Detention.

A rights defender, who was, was taken into custody near her home in March 2024. Accused with a vague offense, she was jailed lacking proof. Weeks afterward, her family were contacted to retrieve the body of her infant child. The cause of death has not been investigated, and the family does not know the circumstances or if she obtained any postnatal care.

An International Issue

Situations like these are not rare in detention centers globally. Women carrying children are often subjected to deplorable conditions and deprived of proper healthcare. Miscarriages occur, others begin childbirth and give birth alone in a cell. Sadly, infants die behind bars.

"Nations think it’s a small number of women so it’s not a problem, but that’s not true," states a lawyer working on women's incarceration.

"Detention is a harmful place for women, not to mention someone who is expecting," she explains. "There’s so much studies that shows how harmful it is. Many prisons were built with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines specify that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women during labour.

However, these guidelines are consistently flouted around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for expectant inmates are described as "really critical". Family visits have been banned, and rights groups are denied access. Accounts with ex-inmates detail beatings, abuse, and being deprived of essential items. Some are forced into exchanging favors with guards for nourishment or medicine.

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

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

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are worrying, as shown by cases of babies succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a teenager her baby died after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell founded an organisation. She has successfully advocated for laws that ban shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered 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 not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies for expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, destitution, violence and substance issues – are truly what we should be investing in."