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An advocate, at 35 weeks pregnant, was arrested near her home in early 2024. Charged with a vague offense, she was held without evidence. Three weeks later, her relatives were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and the family has no idea what happened or whether she obtained any postnatal care.

An International Crisis

Situations like these are not rare in prisons globally. Expectant mothers are often held in terrible environments and not given necessary care. Some lose their pregnancies, others begin childbirth and give birth alone in a detention cell. Devastatingly, infants perish while incarcerated.

"Nations think it’s a minority of women so it’s not an issue, but that’s not true," states a legal advocate dedicated to female imprisonment.

"Prison is not a good environment for women, not to mention someone who is pregnant," she continues. "There’s so much research that demonstrates how harmful it is. Many prisons were designed with men in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These rules clearly say that prison should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

But, these guidelines are often violated globally. "This is not considered a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Systems

In certain nations, conditions 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 reveal beatings, abuse, and being denied basic supplies. Reports indicate some resort to exchanging favors with prison staff for nourishment or medical supplies.

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

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while watched by male prison guards.

Overcrowding and Its Consequences

Data lists some countries as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by reports of infants succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman her baby died after giving birth alone in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced 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 implemented measures for expectant mothers in the legal system. Among them are:

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

Advocates and people with experience argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."