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A rights defender, who was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was imprisoned without evidence. Three weeks later, her family were informed to retrieve the body of her infant child. The cause of death was not looked into, and the family does not know what happened or whether she was given any care after birth.

An International Problem

Situations like these are not rare in prisons around the world. Pregnant women are often subjected to deplorable conditions and not given medical attention. Some lose their pregnancies, others deliver and give birth unassisted in a prison cell. Sadly, some babies die behind bars.

"Nations think it’s a few of women so it’s not a problem, but that is incorrect," states a legal advocate focused on women's incarceration.

"Incarceration is a harmful place for women, let alone someone who is pregnant," she continues. "There’s so much evidence that shows how damaging it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. This framework state that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these standards are often violated around the world. "This is not considered a worldwide priority for women's rights," argues the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women reveal beatings, abuse, and being deprived of basic supplies. Some are forced into trading sex with prison staff for food or medical supplies.

"Our organisation has documented pregnancy losses and the death of four babies … there will be more," reports a rights defender.

It is also reported women who were chained to medical beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with expectant mothers. Doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a young woman her baby died after giving birth unassisted in a prison cell. Her pleas for assistance were ignored for hours, and she was forced to sever the cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers chained her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the justice system. These include:

• Evaluating non-custodial options for accused women who are mothers, expecting, or breastfeeding.
• Implementing home detention as an option to being held before trial, especially for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Advocates 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 many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are truly what we should be focusing on."