Restrained, Alone and Frightened: The Harsh Reality for Women Compelled to Give Birth in Prison.

An advocate, at 35 weeks pregnant, was detained near her home in early 2024. Charged with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her relatives received a call to retrieve the remains of her infant child. The reason of death remains unexamined, and the family has no idea the circumstances or whether she obtained any care after birth.

A Worldwide Problem

Situations like these are far from uncommon within correctional systems around the world. Expectant mothers are often held in deplorable conditions and deprived of necessary care. Some miscarry, others go into labour and give birth unassisted in a cell. Tragically, infants perish while incarcerated.

"Nations believe it’s a small number of women so it’s insignificant, but that’s not true," says a lawyer working on female imprisonment.

"Incarceration is not a good environment for women, not to mention someone who is expecting," she continues. "Extensive studies that demonstrates how harmful it is. Numerous facilities were constructed with men in mind, so women were an secondary consideration."

Violated UN Rules

Over 15 years since the establishment of international guidelines for the treatment of incarcerated women. These rules specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women during labour.

Yet, these guidelines are routinely ignored around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Packed Prisons

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and rights groups are denied access. Accounts with ex-inmates describe assaults, torture, and being denied essential items. Some resort to exchanging favors with prison staff for food or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … it is certain there are more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and delivered while observed by male officers.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the highest prison occupancy levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

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 babies dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she says. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding expectant mothers in the justice system. These include:

  • Evaluating non-custodial options for accused women who are mothers, pregnant, or breastfeeding.
  • Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
  • Allowing for the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are really what we should be focusing on."

Timothy Norton
Timothy Norton

A gaming industry analyst with over a decade of experience in slot machine development and market trends, passionate about technological innovation.