Shackled, Solitary and Terrified: The Harsh Reality for Female Inmates Compelled to Deliver in Detention.

A human rights activist, who was, was arrested near her home in March 2024. Charged with a broad allegation, she was jailed lacking proof. Weeks afterward, her family received a call to retrieve the remains of her newborn baby. The cause of death remains unexamined, and her loved ones has no idea the circumstances or whether she received any care after birth.

A Global Problem

Situations like these are alarmingly common in prisons globally. Expectant mothers are often kept in deplorable conditions and not given medical attention. Some miscarry, others deliver and give birth alone in a prison cell. Tragically, infants perish behind bars.

"Countries think it’s a few of women so it’s not an issue, but that is a misconception," states a lawyer dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she adds. "Extensive evidence that indicates how harmful it is. Many facilities were built with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the creation of specific standards for the handling of female prisoners. These guidelines specify that incarceration should be a last resort for pregnant women and that alternatives to detention should always be considered. They also prohibit the use of shackles on women during labour.

Yet, these guidelines are routinely ignored globally. "This is not considered a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women detail assaults, torture, and being denied essential items. Some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

Accounts also tell of women who were shackled to medical beds while in labor and delivered while observed by male officers.

Overcrowding and Its Impact

Data lists some nations as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of babies dying from pneumonia and malnourishment behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Cell doors were secured overnight. When someone 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 gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after giving birth unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Doctors performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures for pregnant women in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

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 prosecuted for many issues in the beginning," argues the expert.

"Community-based solutions that address the root causes of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."