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A human rights activist, at 35 weeks pregnant, was taken into custody near her home in March 2024. Accused with a crime of "illicit association", she was held without evidence. Three weeks later, her family were informed to retrieve the body of her newborn baby. The reason of death has not been investigated, and the family remains unaware the circumstances or whether she received any postnatal care.

An International Problem

Cases such as this are far from uncommon in prisons internationally. Pregnant women are often held in appalling situations and not given necessary care. Some miscarry, others deliver and give birth by themselves in a cell. Sadly, some babies die in custody.

"Countries think it’s a few of women so it’s not an issue, but that is a misconception," notes a legal advocate focused on female imprisonment.

"Incarceration is a harmful environment for women, especially not for someone who is expecting," she explains. "Extensive research that demonstrates how harmful it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines state that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

Yet, these guidelines 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 stigma and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, conditions for expectant inmates are described as "really critical". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women reveal assaults, torture, and being denied essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

"Our organisation has documented miscarriages and the loss of four babies … there will be more," reports a local lawyer.

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

Overcrowding and Its Impact

Statistics shows some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by cases of babies succumbing from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a young woman her baby died after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the cord on her own.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully advocated for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

Another story comes from South America. A woman learned of her pregnancy 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 caesarean section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

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

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

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

"Community-based solutions that address the root causes of women entering the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."