World Breast Pumping Day, observed annually on January 27, highlights the importance of breastfeeding and the challenges faced by lactating individuals, including those who pump milk to support their infants. The day brings attention to workplace accommodations, access to resources, and the need for equity in breastfeeding support. For incarcerated women, the ability to breastfeed or pump milk is often severely limited or nonexistent, adding another layer of inequality in reproductive health and parenting rights.
The recent anniversaries of Roe v. Wade, which was overturned by Dobbs v. Jackson Women’s Health Organization in 2022, continue to generate intense discussions about reproductive rights in the United States. The Supreme Court’s decision to overturn the constitutional right to abortion significantly reshaped the reproductive health landscape, with many states implementing restrictive laws or outright bans on abortion. These changes disproportionately impact marginalized groups, including incarcerated women, who face additional barriers to reproductive care. Breast Pumping in Prisons For incarcerated women, access to breast pumping is limited by logistical, institutional, and systemic barriers. Many prisons lack policies that support breastfeeding or pumping milk, despite the well-documented benefits for both mothers and infants. Programs that allow incarcerated mothers to pump and send breast milk to their babies are rare, even though such initiatives have been shown to improve maternal health, enhance bonding, and contribute to better infant outcomes. When these programs are unavailable, incarcerated mothers face the pain of being separated from their newborns without a means of providing nutrition or maintaining a connection. This lack of support reflects broader inequities in how reproductive health is addressed within the criminal justice system. Abortion and Reproductive Rights in Prisons The overturning of Roe v. Wade has profound implications for incarcerated women. Access to abortion is already restricted within prisons due to logistical, legal, and financial hurdles. With new state-level bans and restrictions, incarcerated women in many jurisdictions face insurmountable obstacles to obtaining an abortion. These barriers can include a lack of access to transportation, inadequate medical care, and limited legal recourse. For incarcerated women who wish to carry pregnancies to term, prison environments are often hostile to reproductive health. Inadequate prenatal care, lack of autonomy during childbirth, and the trauma of being shackled while giving birth are well-documented issues. Broader Implications Both breast pumping and abortion access are critical aspects of reproductive health that are often overlooked in discussions about incarcerated women. The broader climate of reproductive rights highlights systemic inequalities that disproportionately affect women of color, low-income individuals, and those entangled in the criminal justice system. Advocates argue that addressing these issues requires systemic change, including:
By bringing attention to these issues, World Breast Pumping Day and the continuing debate around Roe v. Wade can serve as calls to action to address the unique reproductive health challenges faced by incarcerated women. The Women’s CARE Act (WCA) is a legislative effort that seeks to address the unique challenges faced by incarcerated women, particularly around reproductive health, parenting, and maternal care. It advocates for deferred and alternative sentencing for pregnant and parenting women, emphasizing the importance of family preservation, maternal autonomy, and improved health outcomes for both mothers and their children. WCA was passed in Colorado 2023. How the Women’s CARE Act Supports Reproductive Health and Breastfeeding 1. Autonomy Over Pregnancy and Reproductive Health Deferred or alternative sentencing would allow pregnant women to remain in their communities rather than being incarcerated, granting them greater access to prenatal care, childbirth services, and reproductive health resources. Many prisons are ill-equipped to provide the consistent, high-quality medical care that pregnant individuals need, often leading to adverse maternal and fetal outcomes. By keeping women out of incarceration during pregnancy, the CARE Act enables them to:
WCA would empower mothers to breastfeed and bond with their infants in ways that incarceration often prevents. Women allowed to serve alternative sentences can pump milk or nurse their babies directly, fostering physical and emotional well-being for both mother and child. These bonding opportunities are crucial for early childhood development and maternal mental health. 3. Support for Parenting and Family Preservation Alternative sentencing programs often include comprehensive parenting support, education, and community resources that help women maintain family connections. By avoiding incarceration, mothers can stay actively involved in their children’s lives, reducing the intergenerational effects of incarceration and improving long-term outcomes for their families. 4. Mitigating the Impact of Abortion Restrictions With the overturning of Roe v. Wade and the patchwork of abortion laws across states, incarcerated women face even more significant challenges in accessing abortion care. Deferred sentencing allows women to seek reproductive healthcare, including abortion, without the logistical and legal barriers posed by the prison system. This approach respects their reproductive autonomy and reduces the harm caused by restrictive abortion policies. Broader Implications of the Women’s CARE Act WCA aligns with the principles of reproductive justice, which emphasize the right to have children, not have children, and parent children in safe and supportive environments. By addressing the intersection of incarceration and reproductive health, the act promotes:
Call to Action Advocates for reproductive justice, maternal health, and criminal justice reform are urging policymakers to support the Women’s CARE Act as a critical step in addressing the inequities faced by incarcerated women. By prioritizing deferred and alternative sentencing, WCA provides a pathway for mothers to maintain autonomy over their pregnancies, breastfeed their infants, and parent their children with dignity and support. This approach not only benefits individual women and their families but also represents a more humane and equitable vision for the criminal justice system. WCA has bipartisan support from the ACU and ACLU. If you’d like to more information, visit: https://www.restoreher.us/womenrsquos-care-act.html
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AuthorPamela Winn – President and Founding Director Archives
February 2025
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