Shackled, Alone and Frightened: The Harsh Truth for Female Prisoners Forced to Have Their Babies in Detention.

A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Accused with a broad allegation, she was imprisoned without evidence. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and the family has no idea the circumstances or if she obtained any care after birth.

A Worldwide Crisis

Cases such as this are not rare within correctional systems globally. Women carrying children are often subjected to appalling situations and deprived of necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a prison cell. Devastatingly, infants perish while incarcerated.

"Governments believe it’s a small number of women so it’s not an issue, but that’s not true," notes a lawyer focused on female imprisonment.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she adds. "There’s so much studies that shows how detrimental it is. Many facilities were constructed with men in mind, so women were an afterthought."

Violated UN Rules

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. This framework specify that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of restraints on women in childbirth.

Yet, these standards are routinely ignored globally. "This isn’t seen as a worldwide priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women describe assaults, torture, and being denied essential items. Reports indicate some are forced into trading sex with prison staff for food or medical supplies.

"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," reports a local lawyer.

It is also reported women who were chained to hospital beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows some nations as having the most severe prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of babies succumbing from illness and severe malnutrition behind bars.

Stories from Different Continents

In one African country, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth 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 gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. For example, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully pushed for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. Among them are:

  • Evaluating non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
  • Implementing house arrest as an alternative to being held before trial, particularly for pregnant women.
  • Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."

David Nelson
David Nelson

A passionate gamer and content creator specializing in strategy guides and loot optimization for various gaming platforms.

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