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An advocate, 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. Weeks afterward, her family received a call to retrieve the remains of her infant child. The cause of death was not looked into, and her loved ones has no idea what happened or whether she was given any postnatal care.

A Global Problem

Situations like these are not rare in prisons around the world. Expectant mothers are often subjected to terrible environments and denied medical attention. Some lose their pregnancies, others deliver and give birth by themselves in a cell. Tragically, some babies perish while incarcerated.

"Countries believe it’s a few of women so it’s insignificant, but that’s not true," says a lawyer focused on female imprisonment.

"Prison is not a good place for women, not to mention someone who is expecting," she continues. "Extensive evidence that demonstrates how damaging it is. Most prisons were designed with male inmates in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the creation of international guidelines for the handling of female prisoners. This framework state that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of restraints on women in childbirth.

Yet, these guidelines are routinely ignored globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, situations for expectant inmates are described as "extremely dire". Family visits have been prohibited, and civil society are denied access. Interviews with ex-inmates reveal beatings, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

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

It is also reported women who were shackled to hospital beds during labour and delivered while observed by male officers.

Overcrowding and Its Consequences

Statistics lists some nations 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 exists a persistent lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as evidenced by reports of infants dying from illness and malnourishment in custody.

Stories from Different Continents

In one African country, a former inmate remembers being in a cell with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the cord herself.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. 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 bed. Hospital staff performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have implemented measures for pregnant women in the justice system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the postponement of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Alternatives in the community that tackle the underlying reasons of women entering the justice system – for example, destitution, violence and substance issues – are truly what we should be investing in."