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A rights defender, who was, was taken into custody near her residence in early 2024. Accused with a vague offense, she was held without evidence. Weeks afterward, her relatives were contacted to retrieve the body of her newborn baby. The reason of death has not been investigated, and her loved ones does not know the circumstances or whether she received any care after birth.

A Worldwide Issue

Cases such as this are not rare in prisons around the world. Women carrying children are often kept in deplorable conditions and not given proper healthcare. Miscarriages occur, others begin childbirth and give birth by themselves in a detention cell. Devastatingly, infants perish in custody.

"Countries believe it’s a small number of women so it’s insignificant, but that is incorrect," states a lawyer dedicated to women's incarceration.

"Prison is not a good environment for women, especially not for someone who is expecting," she adds. "Extensive evidence that shows how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Violated Global Standards

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. These rules specify that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. They also forbid the use of shackles on women while giving birth.

But, these guidelines are consistently flouted around the world. "This is not considered a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Systems

In some countries, situations for expectant inmates are described as "extremely dire". Family visits have been prohibited, and rights groups are denied access. Accounts with ex-inmates reveal assaults, abuse, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff 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 chained to medical beds while in labor and gave birth while observed by male prison guards.

Severe Overpopulation and Its Effects

Data lists some nations as having the highest prison occupancy levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of infants succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block with pregnant women. 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 asking for divine help. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman lost her daughter after giving birth unassisted in a prison cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

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 advocacy group. Her work has successfully pushed for legislation that prohibit shackling and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. 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

Other countries have implemented policies for expectant mothers in the legal system. These include:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

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

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