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A rights defender, who was, was arrested near her residence in March 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family were informed to retrieve the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know what happened or if she was given any postnatal care.

A Global Issue

These tragic stories are alarmingly common in prisons around the world. Women carrying children are often subjected to appalling situations and not given proper healthcare. Some lose their pregnancies, others begin childbirth and give birth alone in a cell. Tragically, infants perish while incarcerated.

"Nations think it’s a small number of women so it’s not a problem, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Detention is a terrible environment for women, let alone someone who is expecting," she explains. "There’s so much research that indicates how detrimental it is. Most prisons were built with male inmates in mind, so women were an afterthought."

Flouted Global Standards

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. This framework specify that prison should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of shackles on women in childbirth.

Yet, these rules are often violated around the world. "This isn’t seen as a worldwide priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In certain nations, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been banned, and independent monitors are barred from entry. Accounts with ex-inmates describe assaults, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medicine.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were shackled to medical beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Statistics lists some nations as having the highest overcrowding levels in the globe. Women are especially at risk to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

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

Accounts from Around the Globe

In Zambia, a former inmate remembers being in a cell with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. In one case, a teenager her baby died after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to advocate. In the US, a woman who miscarried in her prison cell founded an advocacy group. She has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, guards chained her legs to the bed. Hospital staff performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" was the response.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures for pregnant women in the legal system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an option to being held on remand, especially for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and people with experience believe that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that address the root causes of women entering the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."