Yemeni Female Prisoners and Their Children: A Harsh Reality and Limited Services

 Alia Mohammed – Sawt Al-Amal (Voice of Hope)

In an overcrowded prison, in a ward deprived of sunlight and proper ventilation, a woman is incarcerated with her six-month-old baby, who is suffering from malnutrition. This is not the only case. Thousands of Yemeni female prisoners languishing in Yemeni prisons are living with their children in catastrophic humanitarian conditions. This reality leaves them with serious psychological, social, and health consequences due to the neglect they face within the prison environment. Furthermore, these women are exposed to psychological trauma and emotional breakdowns, necessitating psychological and health care.

Several human rights reports indicate that thousands of women and children detained in Yemeni prisons endure challenging circumstances. A study conducted by the National Women’s Committee revealed a lack of field studies addressing the suffering and conditions of female prisoners. It stated that incarcerated women often come from poor, large families with high dependency ratios, and most reside in the outskirts of cities and impoverished slums.

The study also highlighted that most prisons in Yemen lack social workers or psychologists to follow up with both male and female prisoners. Additionally, the prison buildings themselves—especially those designated for women—require redesign and refurbishment, and female inmates face limited access to services.

Furthermore, the study revealed that a significant number of female prisoners are incarcerated with their children, and endure harsh and dangerous conditions. These children lack access to basic services such as milk, clothing, blankets, education, and healthcare. Their presence in prisons restricts their freedom and exposes them to negative behaviors and experiences, leading to feelings of injustice and deprivation, which can foster aggression and a desire for revenge.

The study also indicated a lack of programs providing care, rehabilitation, vocational training, awareness, and education for both female prisoners and their children.

Lack of Healthcare and Absence of Legal Frameworks

Ghada Fadhl, a lawyer specializing in legal counsel for female prisoners and detainees, stated, “Through my work with civil society organizations, I have encountered numerous stories of women facing dire circumstances behind bars with their children.”

She added, “Women encounter various challenges within correctional facilities, including inadequate healthcare, particularly during pregnancy and childbirth. Some face the risks of childbirth without proper care, increasing the likelihood of serious postpartum complications that could endanger both their lives and the lives of their newborns. Women also struggle to secure adequate care for themselves and their children within these institutions.”

She pointed out that some women spend their entire detention period with their children, significantly complicating the situation. This negatively impacts the children’s psychological and physical well-being. These women often lack social support and financial assistance from their families and communities, leading to social isolation that can infringe upon their children’s rights and needs.

Furthermore, she explained that despite the existence of international standards like the “Bangkok Rules,” officially known as the “United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders,” issued by the United Nations General Assembly in December 2010, which consist of 70 rules focusing on the treatment of female offenders and prisoners and protecting women’s rights within correctional facilities, as well as national laws such as the Prisons Organization Law, women still face significant challenges that require immediate attention and practical solutions. This highlights the importance of national laws safeguarding women’s rights within the local legal framework. These laws must be enforced to guarantee the protection of the rights of incarcerated and detained women and to provide them with necessary care.

In a related context, lawyer Raghad Al-Maqtari pointed out a range of challenges and difficulties faced by women in protecting and caring for their children in prisons. They face numerous obstacles, including living in harsh and inadequate conditions within the central prison’s reform facility, which lacks a suitable environment for both them and their children.

She added, “We observe inadequate lighting and ventilation, coupled with overcrowding in prisons. For instance, in the central prison’s reform facility in Taiz, twenty-five women and four children are crammed into a crowded ward lacking sufficient healthcare for both mothers and children.”

She confirmed that most of these children are exposed to infectious diseases and psychological disorders. Some experience depression, fear, and anxiety due to separation from their natural environment and living in a tense or stressful atmosphere. Additionally, some lack access to necessary vaccinations, leading to developmental delays, both mentally and physically.

Regarding the services provided to mothers and children within the prison’s reform facility, Al-Maqtari indicated that they vary from one facility to another but are generally limited and fail to meet the children’s basic needs. There are no designated spaces for mothers or children equipped with toys, for example, unlike the situation before the conflict. Previously, some care and protection services were available, but these have completely vanished. Healthcare services, including vaccinations, regular medical check-ups, and nutrition, such as milk and other necessities for children, are also inadequate, and there are no educational programs for them within prisons.

Children Remaining with Their Mothers under the Law

Article (27) of the Prisons Organization Law states that “Pregnant female prisoners must be provided with the necessary medical care and attention before, during, and after delivery, as recommended by a specialized physician and according to regulations.” Article (28) states that “When a female prisoner gives birth to a child in prison, this should not be recorded in the country’s official records, and the newborn should not remain in prison with their mother after reaching the age of two years. The child should be handed over to their father or a relative unless a specialized physician determines that the child’s condition does not permit it.” Article (29) indicates that “If the child born in prison has no father or trustworthy relatives, they must be handed over to the authority responsible for care homes through the governor within whose jurisdiction the prison falls. The child may remain in prison for compelling reasons by order of the Minister.”

Regarding this, Al-Maqtari explains, “The duration children spend with their mothers in prisons varies and differs from one reform facility to another in terms of type (male and female) because the law itself does not specify a specific age for these children or the maximum duration of their stay in prisons with their mothers. This lack of clear legislation regarding the duration of children’s stay with their mothers in prisons constitutes a blatant violation of children’s rights.”

She added, “Some powers granted to prison directors allow them to determine a specific period for children to stay with their mothers in prison. For example, in certain facilities, children under the age of seven are transferred to special care homes. Therefore, it is crucial to enact clear legislation that determines the duration children should spend with their mothers in prisons, taking into account their best interests.”

Recommendations

Experts and advisors emphasize that the plight of female prisoners and their children reflects the collapse of the human rights system in the country and constitutes a blatant violation of human rights. Many women’s rights activists are demanding improved conditions for female prisoners and ensuring dignified care for both them and their children. This necessitates intensive efforts from the government, human rights organizations, and humanitarian agencies to reform the criminal justice system and provide a suitable environment for female prisoners and their children.

Ghada Fadhl stressed the importance of considering women’s rights within the legal and social systems and providing them with the necessary support to overcome the challenges they face behind bars. This requires concerted efforts from relevant authorities and civil society organizations to offer essential assistance to these women.

Furthermore, Raghad Al-Maqtari recommends enhancing healthcare for these children, enacting a law that defines the maximum duration of their stay with their mothers, and amending laws and legislation to guarantee children’s access to necessary and appropriate healthcare. Additionally, she suggests training prison staff on how to interact with mothers and children within prisons, working towards providing rehabilitation and training programs for children, exploring alternatives and different facilities for women convicted of non-violent crimes, and activating parole or alternative sentencing options.