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A rights defender, while she was, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was held without evidence. Three weeks later, her family were contacted to collect the remains of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she obtained any postnatal care.

A Global Crisis

Situations like these are far from uncommon in prisons globally. Expectant mothers are often kept in deplorable conditions and not given medical attention. Some miscarry, others go into labour and give birth unassisted in a cell. Sadly, infants die behind bars.

"Countries think it’s a small number of women so it’s insignificant, but that is incorrect," notes a lawyer working on female imprisonment.

"Prison is not a good place for women, let alone someone who is expecting," she adds. "Extensive studies that shows how damaging it is. Most facilities were built with men in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines specify that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women in childbirth.

But, these standards are routinely ignored globally. "This is not considered a global priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, situations for expectant inmates are reported to be "exceptionally severe". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with formerly incarcerated women describe beatings, torture, and being deprived of basic supplies. Some are forced into trading sex with prison staff for nourishment or medicine.

"Our organisation has recorded miscarriages and the loss of several infants … it is certain there are more," says a rights defender.

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

Overcrowding and Its Consequences

Data shows some countries as having the highest overcrowding levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In one African country, a past prisoner remembers being in a detention block with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

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 cell set up an advocacy group. Her work has successfully pushed for laws that ban restraints and isolation 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. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented policies for expectant mothers in the justice system. These include:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated contend that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues 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, destitution, abuse and substance issues – are truly what we should be focusing on."