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A rights defender, who was, was taken into custody near her residence in early 2024. Charged with a vague offense, she was imprisoned without evidence. Three weeks later, her family were contacted to collect the body of her infant child. The reason of death remains unexamined, and the family has no idea what happened or whether she received any care after birth.

A Worldwide Problem

Cases such as this are far from uncommon within correctional systems internationally. Pregnant women are often held in appalling situations and deprived of medical attention. Miscarriages occur, others go into labour and have their babies alone in a prison cell. Sadly, infants die in custody.

"Countries assume it’s a small number of women so it’s not an issue, but that is a misconception," notes a legal advocate focused on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is expecting," she continues. "There’s so much research that demonstrates how damaging it is. Numerous prisons were built with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of international guidelines for the handling of incarcerated women. These rules specify that prison should be a last resort for pregnant women and that non-custodial sentences should always be considered. They also ban the use of shackles on women in childbirth.

But, these standards are often violated globally. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of stigma and stereotyping."

Critical Conditions in Packed Systems

In certain nations, situations for expectant inmates are reported to be "really critical". Contact with relatives have been prohibited, and civil society are barred from entry. Accounts with ex-inmates reveal beatings, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the death of four babies … it is certain there are more," says a rights defender.

It is also reported women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Impact

Statistics lists some nations as having the most severe prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. The environment for caring for an infant upon return in prison are worrying, as evidenced by reports of babies succumbing from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier countries. In one case, a young woman lost her daughter after giving birth unassisted in a cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord herself.

From Experience to Advocacy

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who miscarried in her prison cell founded an advocacy group. Her work has successfully pushed for legislation that ban shackling and solitary confinement for pregnant inmates in multiple states.

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 bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "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 go through," she says. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced measures for expectant mothers in the legal system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Community-based solutions that address the root causes of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be focusing on."