🔗 Share this article

A human rights activist, at 35 weeks pregnant, was arrested near her residence in March 2024. Charged with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her relatives were informed to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones does not know what happened or whether she received any postnatal care.

An International Problem

Cases such as this are alarmingly common in prisons internationally. Expectant mothers are often kept in appalling situations and denied necessary care. Miscarriages occur, others go into labour and give birth by themselves in a prison cell. Devastatingly, some babies die while incarcerated.

"Countries believe it’s a small number of women so it’s insignificant, but that is incorrect," says a lawyer focused on female imprisonment.

"Prison is a harmful place for women, not to mention someone who is expecting," she explains. "Extensive research that demonstrates how harmful it is. Many facilities were constructed with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. This framework clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women during labour.

Yet, these standards are consistently flouted around the world. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Prisons

In various regions, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates detail assaults, abuse, and being deprived of basic supplies. Some resort to exchanging favors with prison staff for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Impact

Statistics shows some countries as having the most severe overcrowding levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager lost her daughter after delivering alone in a cell. Her calls for help were ignored for an extended period, and she was forced to sever the umbilical cord on her own.

From Experience to Advocacy

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully advocated for legislation that ban restraints and isolation for pregnant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced policies for pregnant women in the justice system. These include:

• Evaluating non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Introducing house arrest as an alternative to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Experts and people with experience contend that, often, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, poverty, violence and drugs – are really what we should be investing in."