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An advocate, who was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was imprisoned without evidence. Three weeks later, her relatives were informed to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones remains unaware what happened or whether she received any postnatal care.

A Global Issue

Cases such as this are far from uncommon in prisons around the world. Expectant mothers are often subjected to deplorable conditions and denied medical attention. Miscarriages occur, others go into labour and give birth by themselves in a prison cell. Sadly, some babies die behind bars.

"Nations believe it’s a few of women so it’s insignificant, but that is a misconception," states a lawyer focused on female imprisonment.

"Incarceration is a harmful environment for women, especially not for someone who is expecting," she adds. "There’s so much evidence that indicates how damaging it is. Many prisons were designed with men in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. These guidelines specify that incarceration should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also ban the use of shackles on women while giving birth.

But, these standards are often violated around the world. "This isn’t seen as a global priority for women's rights," says the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal assaults, torture, and being denied basic supplies. Some are forced into trading sex with guards for food or medical supplies.

"Our organisation has documented pregnancy losses and the death of several infants … there will be more," reports a local lawyer.

It is also reported women who were chained to medical beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Impact

Data lists some nations as having the most severe overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for raising a newborn back in prison are worrying, as evidenced by cases of infants dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a young woman lost her daughter after giving birth alone in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell set up an organisation. She has successfully advocated for laws that prohibit restraints and isolation for pregnant inmates in multiple states.

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, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later informed official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an option to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," says the advocate.

"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 investing in."