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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her family were informed to collect the remains of her infant child. The cause of death remains unexamined, and the family does not know what happened or if she obtained any care after birth.

A Worldwide Crisis

Cases such as this are not rare in prisons around the world. Women carrying children are often kept in terrible environments and not given proper healthcare. Some miscarry, others deliver and give birth unassisted in a cell. Tragically, infants perish in custody.

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

"Detention is a terrible environment for women, not to mention someone who is pregnant," she explains. "Extensive research that indicates how damaging it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. These rules clearly say that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also ban the use of restraints on women in childbirth.

Yet, these standards are routinely ignored globally. "This is not considered a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In various regions, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been banned, and civil society are barred from entry. Accounts with ex-inmates reveal beatings, torture, and being deprived of essential items. Reports indicate some resort to trading sex with guards for food or medicine.

"We has documented miscarriages and the loss of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Overcrowding and Its Effects

Data shows some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of infants dying from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone went into labour at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was forced to sever the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their experiences to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. 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. Hospital staff performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies for expectant mothers in the legal system. Among them are:

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

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

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."