🔗 Share this article

A rights defender, at 35 weeks pregnant, was arrested near her residence in March 2024. Accused with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives were informed to retrieve the remains of her newborn baby. The reason of death has not been investigated, and the family remains unaware what happened or if she received any postnatal care.

A Global Crisis

Situations like these are not rare within correctional systems around the world. Expectant mothers are often kept in terrible environments and deprived of medical attention. Miscarriages occur, others go into labour and give birth alone in a prison cell. Tragically, some babies perish while incarcerated.

"Governments assume it’s a small number of women so it’s not an issue, but that is incorrect," notes a legal advocate working on female imprisonment.

"Prison is a terrible setting for women, especially not for someone who is pregnant," she adds. "There’s so much studies that indicates how harmful it is. Numerous facilities were built with male inmates in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the creation of international guidelines for the handling of incarcerated women. These rules state that prison should be a final option for pregnant women and that non-custodial sentences should always be considered. They also ban the use of shackles on women during labour.

Yet, these guidelines are consistently flouted around the world. "This isn’t seen as a worldwide gender-equality priority," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women describe beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"We has recorded miscarriages and the death of four babies … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

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

Pregnant prisoners have been handcuffed to beds before giving birth. Conditions for raising a newborn back in prison are worrying, as shown by cases of babies dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager lost her daughter after giving birth unassisted in a cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord herself.

From Experience to Advocacy

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

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the justice system. These include:

• Considering non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Experts and people with experience argue that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," argues the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."