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A rights defender, at 35 weeks pregnant, was detained near her home in early 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Three weeks later, her relatives were informed to collect the body of her newborn baby. The reason of death was not looked into, and the family has no idea what happened or if she was given any postnatal care.

A Global Problem

Cases such as this are not rare in prisons internationally. Expectant mothers are often subjected to appalling situations and denied medical attention. Some miscarry, others go into labour and have their babies by themselves in a detention cell. Tragically, some babies die in custody.

"Nations believe it’s a few of women so it’s not a problem, but that is a misconception," states a lawyer working on women's incarceration.

"Prison is a harmful setting for women, especially not for someone who is pregnant," she continues. "Extensive studies that shows how damaging it is. Numerous facilities were designed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the adoption of international guidelines for the handling of incarcerated women. These rules clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women during labour.

But, these rules are consistently flouted globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Overcrowded Prisons

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are barred from entry. Accounts with formerly incarcerated women detail assaults, torture, and being deprived of essential items. Some resort to trading sex with guards for food or medicine.

"Our organisation has documented miscarriages and the death 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 watched by male prison guards.

Overcrowding and Its Effects

Data shows some nations as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a teenager her baby died after delivering unassisted in a cell. Her calls for help went unanswered for hours, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her cell set up an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being sentenced. During her delivery, officers shackled her legs to the bed. Doctors performed a C-section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

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

• Considering non-custodial options for accused women who are primary caregivers, pregnant, or breastfeeding.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of prison terms for pregnant women.

Advocates and people with experience contend that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."