🔗 Share this article

A rights defender, who was, was arrested near her residence in March 2024. Charged with a crime of "illicit association", she was jailed without evidence. Three weeks later, her family were contacted to collect the body of her infant child. The cause of death has not been investigated, and the family remains unaware the circumstances or if she received any postnatal care.

A Global Crisis

Cases such as this are alarmingly common within correctional systems around the world. Pregnant women are often kept in appalling situations and deprived of necessary care. Some lose their pregnancies, others go into labour and give birth alone in a detention cell. Tragically, some babies perish in custody.

"Nations think it’s a small number of women so it’s not a problem, but that’s not true," states a legal advocate focused on women's incarceration.

"Prison is not a good environment for women, especially not for someone who is expecting," she continues. "Extensive studies that demonstrates how detrimental it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the treatment of incarcerated women. This framework specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women during labour.

However, these standards are often violated globally. "This is not considered a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Prisons

In certain nations, situations for expectant inmates are described as "really critical". Family visits have been banned, and rights groups are denied access. Accounts with ex-inmates reveal beatings, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medical supplies.

"We has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics shows 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 is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of babies succumbing from illness and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her calls for help were ignored for an extended period, and she was had to sever the cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an organisation. She has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. When it came time to give birth, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented policies regarding pregnant women in the legal system. These include:

• Considering non-custodial options for defendants who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

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

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, poverty, violence and substance issues – are truly what we should be focusing on."