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A rights defender, at 35 weeks pregnant, was taken into custody near her home in early 2024. Charged with a vague offense, she was held without evidence. Weeks afterward, her relatives received a call to collect the body of her newborn baby. The cause of death was not looked into, and the family has no idea what happened or if she received any postnatal care.

A Global Crisis

Cases such as this are far from uncommon in detention centers internationally. Pregnant women are often subjected to terrible environments and denied necessary care. Some lose their pregnancies, others go into labour and have their babies alone in a cell. Devastatingly, some babies die in custody.

"Nations assume it’s a small number of women so it’s insignificant, but that is a misconception," notes a lawyer dedicated to female imprisonment.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she explains. "There’s so much evidence that indicates how detrimental it is. Numerous prisons were designed with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the adoption of international guidelines for the treatment of incarcerated women. These rules clearly say that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of restraints on women in childbirth.

But, these guidelines are routinely ignored around the world. "This is not considered a global priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In some countries, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with ex-inmates describe assaults, abuse, and being deprived of basic supplies. Reports indicate some are forced into trading sex with prison staff for food or medicine.

"Our organisation has recorded 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 hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Consequences

Statistics shows some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as shown by reports of infants succumbing from pneumonia and severe malnutrition in custody.

Accounts from Different Continents

In Zambia, a former inmate remembers being in a cell with expectant mothers. Doors were secured overnight. If a woman 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 banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to advocate. In the US, a woman who miscarried in her cell founded an organisation. She has successfully pushed for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. When it came time to give birth, guards shackled her legs to the bed. Hospital staff performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Some nations have implemented measures regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held before trial, particularly for pregnant women.
• Permitting the deferral of prison terms for pregnant women.

Advocates and people with experience argue 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 beginning," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, poverty, abuse and drugs – are really what we should be investing in."