🔗 Share this article

A rights defender, who was, was taken into custody near her residence in March 2024. Accused with a broad allegation, she was held 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.

An International Problem

Cases such as this are far from uncommon within correctional systems around the world. Expectant mothers are often held in deplorable conditions and deprived of necessary care. Some miscarry, others begin childbirth and have their babies by themselves in a detention cell. Sadly, infants die behind bars.

"Countries assume it’s a minority of women so it’s not an issue, but that is incorrect," states a lawyer working on female imprisonment.

"Prison is not a good setting for women, not to mention someone who is expecting," she adds. "There’s so much studies that shows how damaging it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the adoption of specific standards for the handling of female prisoners. These rules state that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of shackles on women while giving birth.

Yet, these guidelines are routinely ignored globally. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Prisons

In some countries, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and independent monitors are barred from entry. Accounts with ex-inmates detail assaults, torture, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for nourishment or medicine.

"We has documented miscarriages and the loss of four babies … it is certain there are more," says a local lawyer.

Accounts also tell of women who were chained to medical beds during labour and delivered while observed by male officers.

Overcrowding and Its Consequences

Data lists some nations as having the most severe prison occupancy levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a young woman lost her daughter after giving birth alone in a cell. Her calls for help were ignored 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 experiences to drive reform. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

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

Potential Reforms

Other countries have introduced measures regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

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

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