An advocate, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her family received a call to retrieve the remains of her infant child. The reason of death has not been investigated, and the family has no idea what happened or whether she obtained any care after birth.
These tragic stories are not rare in prisons internationally. Expectant mothers are often subjected to deplorable conditions and denied proper healthcare. Some miscarry, others deliver and have their babies alone in a prison cell. Devastatingly, infants die behind bars.
"Nations believe it’s a few of women so it’s not a problem, but that is a misconception," notes a legal advocate focused on female imprisonment.
"Incarceration is a terrible place for women, not to mention someone who is pregnant," she explains. "There’s so much studies that indicates how detrimental it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."
It has been 15 years since the adoption of specific standards for the handling of female prisoners. These guidelines specify that incarceration 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 while giving birth.
But, these standards are often violated around the world. "This isn’t seen as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."
In certain nations, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with ex-inmates reveal assaults, torture, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for nourishment or medical supplies.
"We has recorded pregnancy losses and the loss of four babies … there will be more," says a rights defender.
It is also reported women who were shackled to hospital beds while in labor and gave birth while observed by male officers.
Data shows some countries as having the most severe prison occupancy levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."
Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are alarming, as evidenced by cases of infants dying from pneumonia and severe malnutrition in custody.
In Zambia, a past prisoner recalls being in a cell with pregnant women. 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 praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"
These tragedies occur in wealthier nations. For example, a teenager her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was had to sever the cord on her own.
A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully advocated 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, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.
"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she says. This trauma later shaped official guidelines around giving birth while incarcerated.
Other countries have introduced policies regarding pregnant women in the justice system. These include:
Experts and people with experience believe that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," argues the expert.
"Alternatives in the community that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."
