Shackled, Solitary and Terrified: The Harsh Reality for Women Made to Deliver in Incarceration.

An advocate, while she was, was detained near her residence in early 2024. Accused with a vague offense, she was jailed without evidence. Weeks afterward, her relatives were contacted to collect the remains of her infant child. The reason of death remains unexamined, and the family does not know the circumstances or whether she obtained any care after birth.

A Worldwide Issue

These tragic stories are far from uncommon in detention centers around the world. Pregnant women are often subjected to deplorable conditions and not given medical attention. Some miscarry, others deliver and give birth by themselves in a detention cell. Sadly, infants die behind bars.

"Countries believe it’s a few of women so it’s not an issue, but that is incorrect," notes a legal advocate focused on women's incarceration.

"Prison is not a good setting for women, not to mention someone who is expecting," she explains. "There’s so much research that indicates how harmful it is. Many prisons were built with male inmates 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 guidelines specify that incarceration should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

Yet, these rules are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In various regions, situations for expectant inmates are described as "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women detail assaults, abuse, and being deprived of essential items. Some resort to exchanging favors with guards for food or medical supplies.

"We has documented miscarriages and the death of several infants … there will be more," reports a rights defender.

Reports also indicate women who were shackled to medical beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are alarming, as shown by cases of infants succumbing from illness and severe malnutrition behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls 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 hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. In one case, a young woman her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to sever the cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she says. This trauma later informed official guidelines around childbirth in detention.

Potential Reforms

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

• Considering non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated contend that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."