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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a broad allegation, she was held without evidence. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The cause of death remains unexamined, and the family has no idea the circumstances or if she was given any care after birth.

A Worldwide Crisis

These tragic stories are far from uncommon in prisons internationally. Expectant mothers are often subjected to terrible environments and deprived of necessary care. Some miscarry, others deliver and give birth alone in a detention cell. Devastatingly, some babies die behind bars.

"Governments think it’s a minority of women so it’s not a problem, but that is incorrect," states a lawyer dedicated to female imprisonment.

"Incarceration is not a good environment for women, not to mention someone who is pregnant," she explains. "Extensive research that demonstrates how detrimental it is. Numerous facilities were built with men in mind, so women were an afterthought."

Violated Global Standards

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of restraints on women while giving birth.

Yet, these guidelines are often violated globally. "This isn’t seen as a global gender-equality priority," says the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Systems

In some countries, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and civil society are barred from entry. Interviews with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Reports indicate some are forced into exchanging favors with guards for nourishment or medicine.

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

Accounts also tell of women who were shackled to hospital beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Effects

Data shows some countries as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as shown by reports of babies dying from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a cell with pregnant women. Doors were secured overnight. When someone went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. In one case, a teenager lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to drive reform. In the US, a woman who miscarried in her cell set up an advocacy group. Her work has successfully pushed for legislation that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced policies for pregnant women in the justice system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

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

"Alternatives in the community that tackle the root causes of women coming into contact with the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."