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A rights defender, who was, was taken into custody near her home in March 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her family were informed to collect the body of her infant child. The cause of death remains unexamined, and her loved ones has no idea what happened or if she obtained any postnatal care.

A Worldwide Issue

Cases such as this are far from uncommon in prisons around the world. Expectant mothers are often kept in deplorable conditions and not given medical attention. Some miscarry, others go into labour and give birth by themselves in a prison cell. Tragically, some babies perish in custody.

"Governments believe it’s a few of women so it’s insignificant, but that is incorrect," notes a legal advocate focused on female imprisonment.

"Detention is a harmful setting for women, let alone someone who is pregnant," she continues. "Extensive studies that shows how harmful it is. Most facilities were constructed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the adoption of international guidelines for the handling of female prisoners. These rules clearly say that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. They also prohibit the use of shackles on women during labour.

Yet, these standards are often violated globally. "This is not viewed as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are described as "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Accounts with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Reports indicate some resort to trading sex with guards for food or medicine.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," reports a rights defender.

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

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers 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 manage on their own. "We begged. Others were praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a young woman her baby died after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital 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 inmate?" was the response.

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

Potential Reforms

Some nations have implemented measures regarding pregnant women in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and drugs – are truly what we should be focusing on."