A rights defender, while she was, was arrested near her residence in early 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her family received a call to collect the body of her infant child. The reason of death has not been investigated, and her loved ones remains unaware the circumstances or whether she received any postnatal care.
These tragic stories are far from uncommon within correctional systems globally. Expectant mothers are often subjected to deplorable conditions and deprived of necessary care. Some lose their pregnancies, others go into labour and give birth unassisted in a cell. Tragically, some babies die while incarcerated.
"Countries assume it’s a few of women so it’s not a problem, but that’s not true," notes a legal advocate working on female imprisonment.
"Detention is a terrible setting for women, especially not for someone who is expecting," she explains. "Extensive studies that indicates how damaging it is. Many prisons were constructed with men in mind, so women were an afterthought."
It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. These guidelines specify that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. They also ban the use of shackles on women during labour.
But, these standards are consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."
In various regions, situations for expectant inmates are described as "extremely dire". Family visits have been prohibited, and independent monitors are denied access. Interviews with ex-inmates detail beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medicine.
"We has recorded pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.
Reports also indicate women who were shackled to medical beds while in labor and gave birth while watched by male prison guards.
Data shows some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There is a chronic lack of access to essentials."
Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.
In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"
Such events occur in more developed countries. In one case, a young woman her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the cord on her own.
A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.
Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Hospital staff performed a C-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 medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she says. Her experiences later informed official guidelines around giving birth while incarcerated.
Other countries have introduced measures for expectant mothers in the justice system. These include:
Experts and those who have been incarcerated contend that, often, pregnant women ought not to 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 address the root causes of women coming into contact with the justice system – for example, destitution, abuse and drugs – are truly what we should be investing in."
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