Restrained, Solitary and Scared: The Harsh Situation for Female Inmates Forced to Deliver in Prison.

A human rights activist, while she was, was taken into custody near her home in early 2024. Charged with a crime of "illicit association", she was held without evidence. Weeks afterward, her relatives were informed to retrieve the remains of her infant child. The reason of death remains unexamined, and the family does not know what happened or whether she obtained any care after birth.

A Worldwide Crisis

These tragic stories are alarmingly common in detention centers around the world. Women carrying children are often subjected to terrible environments and not given necessary care. Miscarriages occur, others begin childbirth and give birth unassisted in a detention cell. Devastatingly, infants die while incarcerated.

"Countries think it’s a minority of women so it’s not a problem, but that is a misconception," states a lawyer working on female imprisonment.

"Prison is a terrible place for women, especially not for someone who is expecting," she continues. "Extensive evidence that shows how detrimental it is. Many facilities were built with men in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the creation of the UN's Bangkok Rules for the treatment of incarcerated women. This framework state that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of shackles on women while giving birth.

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

Critical Conditions in Overcrowded Prisons

In certain nations, conditions for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women describe beatings, abuse, and being deprived of essential items. Reports indicate some are forced into trading sex with guards for nourishment or medicine.

"We has documented pregnancy losses and the death of four babies … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Effects

Statistics shows some nations as having the most severe prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely 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 before giving birth. The environment for caring for an infant upon return in prison are alarming, as shown by reports of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. For example, a young woman her baby died after delivering alone in a prison cell. Her calls for help went unanswered for hours, and she was had to sever the cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have implemented measures regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."