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A human rights activist, while she was, was taken into custody near her residence in early 2024. Accused with a vague offense, she was jailed without evidence. Three weeks later, her family were contacted to collect the body of her infant child. The reason of death has not been investigated, and the family has no idea the circumstances or whether she obtained any postnatal care.

An International Problem

Situations like these are far from uncommon within correctional systems globally. Expectant mothers are often kept in deplorable conditions and not given medical attention. Miscarriages occur, others deliver and have their babies by themselves in a cell. Sadly, some babies perish in custody.

"Governments believe it’s a minority of women so it’s not an issue, but that is a misconception," states a legal advocate focused on female imprisonment.

"Prison is a harmful setting for women, let alone someone who is expecting," she explains. "Extensive research that shows how harmful it is. Most prisons were built with men 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 female prisoners. These guidelines state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of restraints on women in childbirth.

Yet, these guidelines are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In certain nations, situations for expectant inmates are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates describe beatings, torture, and being deprived of essential items. Reports indicate some resort to trading sex with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were shackled to medical beds during labour and gave birth while observed by male officers.

Overcrowding and Its Effects

Data shows some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her pleas for assistance went unanswered for hours, and she was had to sever the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully pushed for legislation that prohibit restraints 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. During her delivery, officers shackled her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated 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," says the advocate.

"Community-based solutions that address the root causes of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be investing in."