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A rights defender, while she was, was taken into custody near her home in early 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives received a call to retrieve the remains of her infant child. The cause of death was not looked into, and the family remains unaware what happened or if she received any postnatal care.

A Worldwide Issue

Cases such as this are not rare in prisons internationally. Expectant mothers are often kept in terrible environments and not given medical attention. Miscarriages occur, others deliver and have their babies by themselves in a cell. Tragically, infants die behind bars.

"Nations believe it’s a minority of women so it’s not a problem, but that is a misconception," states a legal advocate working on female imprisonment.

"Incarceration is a terrible place for women, especially not for someone who is expecting," she continues. "Extensive evidence that shows how harmful it is. Many facilities were designed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the establishment of specific standards for the handling of incarcerated women. These guidelines state that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also prohibit the use of restraints on women while giving birth.

Yet, these standards are routinely ignored globally. "This isn’t seen as a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and civil society are barred from entry. Interviews with ex-inmates detail beatings, torture, and being denied essential items. Reports indicate some resort to trading sex with guards for nourishment or medicine.

"We has documented miscarriages and the death of four babies … there will be more," reports a rights defender.

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while watched by male officers.

Severe Overpopulation and Its Effects

Statistics shows some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as evidenced by cases of infants dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Doors were locked overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager lost her daughter after giving birth 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 chosen to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. She has successfully advocated for laws that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested 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 not have occurred, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the justice system. Among them are:

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are truly what we should be investing in."