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A human rights activist, while she was, was taken into custody near her residence in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her relatives were contacted to collect the remains of her infant child. The cause of death has not been investigated, and the family has no idea what happened or whether she received any postnatal care.

A Worldwide Issue

Cases such as this are alarmingly common within correctional systems around the world. Women carrying children are often subjected to terrible environments and deprived of medical attention. Miscarriages occur, others deliver and give birth alone in a detention cell. Tragically, infants perish behind bars.

"Governments think it’s a small number of women so it’s not an issue, but that’s not true," states a lawyer dedicated to female imprisonment.

"Incarceration is not a good setting for women, especially not for someone who is expecting," she adds. "There’s so much evidence that indicates how harmful it is. Most facilities were designed with men in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the establishment of international guidelines for the treatment of incarcerated women. These guidelines clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of restraints on women in childbirth.

But, these standards are often violated globally. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being denied basic supplies. Some resort to trading sex with prison staff for nourishment or medicine.

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

Accounts also tell of women who were shackled to medical beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Impact

Statistics shows some countries as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as evidenced by reports of infants dying from illness and severe malnutrition behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour 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, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, 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 advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for laws that ban restraints and isolation for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, 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.

"My ordeal was obstetric violence. It should never have happened, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented measures regarding pregnant women in the legal system. These include:

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

Experts and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," says the expert.

"Community-based solutions that tackle the root causes of women coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."