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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 imprisoned lacking proof. Weeks afterward, her family were contacted to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family has no idea the circumstances or whether she received any postnatal care.

A Worldwide Problem

Cases such as this are not rare within correctional systems globally. Expectant mothers are often subjected to deplorable conditions and denied necessary care. Some lose their pregnancies, others deliver and have their babies alone in a prison cell. Devastatingly, some babies die behind bars.

"Nations think it’s a minority of women so it’s not an issue, but that is incorrect," states a lawyer focused on female imprisonment.

"Prison is not a good environment for women, especially not for someone who is pregnant," she adds. "There’s so much evidence that shows how harmful it is. Most facilities were constructed with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the creation of specific standards for the handling of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of shackles on women during labour.

However, these guidelines are consistently flouted globally. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women detail assaults, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with guards for food or medicine.

"We has recorded miscarriages and the death of several infants … there will be more," says a local lawyer.

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

Severe Overpopulation and Its Effects

Data lists some nations as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of babies dying from illness and malnourishment in custody.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager her baby died after giving birth alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully pushed for laws that prohibit restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards shackled her legs to the hospital bed. Hospital staff performed a caesarean section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

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