Motherhood and Incarceration: A Call for Compassionate Justice

Article by Jamilya Nurkanova | October 21, 2024 | Global Rights Defenders

Incarceration of women during pregnancy or a postpartum period

In popular culture, the image of incarceration and the prison industrial complex is often portrayed through the lens of a strong, self-reliant man, with little representation of pregnant women in shackles or newborns[1]. While data shows that men make up 93% of the world’s 11.5 million imprisoned population and women only 7%, the untold story lies in the 740,000 incarcerated women, 61% of whom have children under the age of 18 [2], [3]. This misrepresentation can contribute to a lack of awareness and action, leaving the unique challenges faced by women and their children, both inside and outside of prison, inadequately addressed.

According to the Sentencing Project “Between 1980 and 2022, the number of incarcerated women increased by more than 585%, rising from a total of 26,326 in 1980 to 180,684 in 2022. While 2020 saw a substantial downsizing due to the COVID-19 pandemic, this trend reversed with an 18% increase in 2022” [4]. The rise in the female incarcerated demographic has outpaced prison reforms, which remain inflexible and largely built on a standard male-oriented framework [5]. This has led to difficult and life-threatening conditions, especially for pregnant women and their children. These challenges include poor sanitation, limited access to personal hygiene products and qualified healthcare providers for timely check-ups, restricted spaces, inadequate ventilation or fresh air in extreme weather conditions, and a lack of proper nutrition, nursing, and maternal care [3].

However, one of the most significant long-lasting risks women and children face in prison is the risk of separation. Maternal incarceration can have serious consequences for long-term child development, including mental health and emotional well-being, behavioral problems, and delays in education. Although research on this issue is ongoing, there is a heated debate about the appropriate age at which children should either remain with their mothers in prison or be placed with caregivers or in foster care if no relatives are available [5]. Globally, many criminal justice systems are recognizing that allowing children to stay with their mothers in detention tends to have more positive outcomes for bonding and well-being than separating them. Despite this, reports have concluded that “Human rights violations worldwide illustrate the failures of prison systems to consider the needs of children and ensure humane standards for children living in detention” [6].

Considering that a significant number of incarcerated women are imprisoned for offenses like theft or self-defense, international UN guidelines, including the Bangkok Rules, advocate for non-custodial alternatives for pregnant women and mothers with children. These rules promote alternatives over prison-based programs that are often used to address the needs and traumas of mothers with young children in custody [7]. The Bangkok Rules emphasize that: “Non‑custodial sentences for pregnant women and women with dependent children shall be preferred where possible and appropriate, with custodial sentences being considered when the offense is serious or violent or the woman represents a continuing danger, and after taking into account the best interests of the child or children, while ensuring that appropriate provision has been made for the care of such children.”

How Can We #HelpFromHome

Because the first five years of a child’s life are crucial for establishing a strong developmental foundation, the system must ensure that children in custodial care receive the best possible support for healthy and positive growth, as well as successful reintegration with both their incarcerated parents into society [8]. Countries should assess the current state of their mother-and-child policies, gather data and insights from mothers and caregivers, conduct long-term studies, and collaborate with children and families to facilitate smooth transitions. Meanwhile, as global citizens we can advocate for non-custodial alternatives for pregnant women and new mothers and demand for prison systems to provide and guarantee access to healthcare evaluations, including the possibility for high-risk assessments and treatments. Women should have the right to give birth surrounded by their loved ones and reside in a safe place during and throughout the post-birth recovery. Additionally, it is important to focus on the provision of health education and general education for incarcerated women, therefore investing in easier transition into motherhood and reintegration into society.

References

Britton, D.M., 2003. At work in the iron cage: The prison as gendered organization. NYU Press.

Report, Global Prison Trends 2023. Penal Reform International, https://cdn.penalreform.org/wp-content/uploads/2023/06/GPT-2023.pdf.

Lockwood, K. 2018. Disrupted identities: narratives of mothers in prison. In T. Taylor, & K.

Bloch (Eds.), Marginalized mothers, mothering from the margins. Emerald Publishing

Budd M, Kristen., 2024. Incarcerated Women and Girls in The Sentencing Project, https://www.sentencingproject.org/fact-sheet/incarcerated-women-and-girls/.

Walmsley, R. 2017. World prison population list. https://www.prisonstudies.org/sites/default/files/resources/downloads/wppl_12.pdf

Van Hout, M.C., Klankwarth, U.B., Fleißner, S. and Stöver, H., 2023. Children living in prison with a primary caregiver: a global mapping of age restrictions and duration of stay. The Lancet Child & Adolescent Health, 7(11), pp.809-814.

The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (‘the Bangkok Rules’), UNGA, 2010.

Paynter, M., Jefferies, K., McKibbon, S., Martin-Misener, R., Iftene, A. and Tomblin Murphy, G., 2020. Mother-child programs for incarcerated mothers and children and associated health outcomes: A scoping review. Nursing Leadership.