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A rights defender, while she was, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Three weeks later, her family were contacted to retrieve the body of her infant child. The reason of death has not been investigated, and her loved ones does not know the circumstances or if she received any postnatal care.

An International Issue

Cases such as this are far from uncommon in detention centers around the world. Expectant mothers are often held in deplorable conditions and not given necessary care. Miscarriages occur, others deliver and have their babies by themselves in a prison cell. Sadly, infants perish while incarcerated.

"Governments think it’s a small number of women so it’s insignificant, but that’s not true," notes a lawyer dedicated to women's incarceration.

"Prison is not a good environment for women, let alone someone who is expecting," she explains. "There’s so much research that indicates how detrimental it is. Most facilities were designed with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These rules state that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women during labour.

However, these standards are routinely ignored globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Family visits have been banned, and civil society are denied access. Interviews with ex-inmates reveal beatings, torture, and being denied essential items. Some are forced into trading sex with prison staff for nourishment or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were chained to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Consequences

Data lists some countries as having the highest overcrowding levels in the world. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by reports of infants succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help went unanswered for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully advocated for laws that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison endure," she says. Her experiences later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the beginning," says the expert.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be focusing on."