A rights defender, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her relatives were informed to retrieve the remains of her infant child. The reason of death remains unexamined, and the family has no idea what happened or if she obtained any postnatal care.
Cases such as this are alarmingly common in prisons internationally. Women carrying children are often subjected to deplorable conditions and deprived of necessary care. Miscarriages occur, others deliver and have their babies unassisted in a detention cell. Sadly, some babies perish while incarcerated.
"Nations think it’s a minority of women so it’s insignificant, but that is a misconception," notes a legal advocate focused on female imprisonment.
"Prison is a harmful place for women, especially not for someone who is pregnant," she adds. "There’s so much evidence that indicates how detrimental it is. Many facilities were constructed with male inmates in mind, so women were an secondary consideration."
Over 15 years since the creation of the UN's Bangkok Rules for the handling of incarcerated women. This framework state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also ban the use of restraints on women in childbirth.
But, these guidelines are consistently flouted around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."
In certain nations, situations for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and rights groups are barred from entry. Interviews with ex-inmates describe beatings, abuse, and being deprived of basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.
"We has recorded pregnancy losses and the death of four babies … 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 gave birth while watched by male prison guards.
Statistics lists some countries as having the highest overcrowding levels in the globe. Women are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There exists a persistent lack of access to essentials."
Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of babies dying from illness and malnourishment in custody.
In one African country, a former inmate recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "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 occur in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord on her own.
Some women have decided to use their experiences to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully advocated for legislation that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.
Another story comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.
"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around childbirth in detention.
Other countries have implemented measures for expectant mothers in the justice system. Among them are:
Advocates and people with experience argue that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the expert.
"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, abuse and drugs – are truly what we should be focusing on."
Elara is a financial strategist with over a decade of experience in wealth management and entrepreneurship.
