A human rights activist, who was, was taken into custody near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to retrieve the body of her newborn baby. The cause of death was not looked into, and her loved ones has no idea the circumstances or if she received any postnatal care.
Situations like these are alarmingly common in prisons around the world. Expectant mothers are often held in deplorable conditions and denied medical attention. Some miscarry, others deliver and give birth alone in a prison cell. Devastatingly, infants die in custody.
"Countries believe it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate dedicated to women's incarceration.
"Detention is not a good place for women, not to mention someone who is pregnant," she explains. "There’s so much research that demonstrates how harmful it is. Most prisons were built with male inmates in mind, so women were an afterthought."
Over 15 years since the creation of the UN's Bangkok Rules for the handling of female prisoners. These guidelines clearly say that incarceration should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women while giving birth.
However, these standards are consistently flouted globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It is overlooked, and there’s a lot of shame and prejudice."
In various regions, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are denied access. Interviews with ex-inmates reveal beatings, abuse, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.
"We has documented miscarriages and the loss of four babies … 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.
Data shows some nations as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."
Expectant inmates have been handcuffed to beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of infants dying from illness and severe malnutrition behind bars.
In Zambia, a past prisoner recalls being in a cell 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 would be pleading. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"
Such events occur in more developed countries. For example, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the umbilical cord herself.
A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an organisation. She has successfully pushed for laws that prohibit 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 bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.
"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around giving birth while incarcerated.
Some nations have introduced measures regarding expectant mothers in the justice system. Among them are:
Advocates and people with experience argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the expert.
"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, abuse and drugs – are truly what we should be focusing on."
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