Shackled, Solitary and Terrified: The Grim Truth for Female Inmates Made to Have Their Babies in Prison.

A rights defender, at 35 weeks pregnant, was taken into custody near her home in early 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The cause of death was not looked into, and her loved ones does not know what happened or if she was given any postnatal care.

A Global Crisis

These tragic stories are far from uncommon within correctional systems globally. Pregnant women are often held in appalling situations and denied medical attention. Miscarriages occur, others go into labour and give birth alone in a cell. Sadly, infants perish while incarcerated.

"Nations think it’s a minority of women so it’s not a problem, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Detention is not a good environment for women, especially not for someone who is pregnant," she adds. "Extensive research that shows how detrimental it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the creation of international guidelines for the handling of female prisoners. These rules state that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also ban the use of shackles on women while giving birth.

But, these rules are routinely ignored around the world. "This is not considered a worldwide gender-equality priority," says the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In some countries, conditions for pregnant prisoners are described as "really critical". Family visits have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being denied essential items. Some are forced into trading sex with guards for nourishment or medicine.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," says a rights defender.

It is also reported women who were chained to hospital beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Statistics lists some countries as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by reports of infants dying from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was had to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors 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.

"What I experienced was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced measures for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."