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A rights defender, who was, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was held without evidence. Three weeks later, her relatives were informed to retrieve the body of her infant child. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or if she received any care after birth.

A Global Issue

Cases such as this are alarmingly common in prisons globally. Expectant mothers are often kept in appalling situations and deprived of proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a prison cell. Tragically, some babies die behind bars.

"Governments assume it’s a few of women so it’s insignificant, but that is a misconception," says a lawyer working on female imprisonment.

"Prison is a harmful environment for women, not to mention someone who is expecting," she explains. "Extensive studies that indicates how detrimental it is. Numerous prisons were built with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These guidelines specify that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women while giving birth.

Yet, these standards are often violated globally. "This is not considered a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Interviews with ex-inmates detail beatings, torture, and being denied essential items. Some resort to exchanging favors with prison staff for nourishment or medicine.

"We has recorded miscarriages and the loss of four babies … there will be more," says a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Overcrowding and Its Consequences

Data lists some countries as having the highest overcrowding levels in the globe. Female inmates are especially at risk 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 essentials."

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

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a C-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 medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and people with experience contend that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the advocate.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."