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A rights defender, who was, was taken into custody near her home in March 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her family were contacted to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family remains unaware what happened or if she obtained any care after birth.

A Global Issue

Cases such as this are not rare in detention centers globally. Expectant mothers are often held in terrible environments and denied proper healthcare. Some lose their pregnancies, others begin childbirth and give birth unassisted in a prison cell. Sadly, infants perish while incarcerated.

"Governments believe it’s a few of women so it’s insignificant, but that’s not true," notes a lawyer dedicated to female imprisonment.

"Prison is a terrible setting for women, especially not for someone who is expecting," she explains. "There’s so much studies that shows how detrimental it is. Many facilities were designed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the establishment of specific standards for the handling of incarcerated women. These guidelines state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. They also forbid the use of restraints on women while giving birth.

However, these rules are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Prisons

In certain nations, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with ex-inmates describe assaults, abuse, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Effects

Statistics shows some countries as having the highest prison occupancy levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of babies dying from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were secured overnight. If a woman went into labour 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 also happen in more developed nations. For example, a young woman lost her daughter after giving birth alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. She has successfully pushed for legislation that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be focusing on."