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A rights defender, who was, was taken into custody near her home in March 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives were informed to collect the body of her infant child. The cause of death has not been investigated, and the family does not know what happened or if she received any postnatal care.

An International Problem

Cases such as this are not rare within correctional systems globally. Pregnant women are often kept in terrible environments and denied medical attention. Some lose their pregnancies, others begin childbirth and have their babies unassisted in a detention cell. Tragically, some babies die while incarcerated.

"Nations assume it’s a few of women so it’s not a problem, but that’s not true," says a lawyer dedicated to women's incarceration.

"Incarceration is not a good setting for women, not to mention someone who is pregnant," she continues. "Extensive research that indicates how detrimental it is. Many facilities were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of specific standards for the treatment of incarcerated women. 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 ban the use of restraints on women while giving birth.

Yet, these guidelines are consistently flouted globally. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In certain nations, situations for expectant inmates are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being denied essential items. Some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the loss of four babies … it is certain there are more," reports a local lawyer.

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

Overcrowding and Its Consequences

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

Pregnant prisoners have been restrained to beds prior to delivery. The environment for raising a newborn back in prison are alarming, as shown by cases of babies dying from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to manage on their own. "We begged. Others were praying. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after giving birth alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her prison cell set up an organisation. Her work has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an alternative to being held before trial, especially for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Experts and those who have been incarcerated contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

"Alternatives in the community that address the root causes of women entering the legal system – for example, poverty, abuse and drugs – are really what we should be focusing on."