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A rights defender, while she was, was taken into custody near her residence in March 2024. Charged with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives received a call to retrieve the body of her infant child. The cause of death was not looked into, and the family has no idea the circumstances or if she was given any postnatal care.

A Worldwide Problem

Cases such as this are alarmingly common in prisons globally. Pregnant women are often subjected to appalling situations and denied proper healthcare. Miscarriages occur, others go into labour and have their babies unassisted in a detention cell. Sadly, infants perish while incarcerated.

"Nations believe it’s a minority of women so it’s not an issue, but that is a misconception," states a legal advocate focused on women's incarceration.

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

Ignored Global Standards

Over 15 years since the creation of international guidelines for the treatment of incarcerated women. These rules clearly say that incarceration should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women in childbirth.

Yet, these rules are often violated around the world. "This isn’t seen as a global gender-equality priority," says the expert. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Packed Prisons

In some countries, situations for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being deprived of basic supplies. Some are forced into trading sex with guards for food or medicine.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," says a rights defender.

Reports also indicate women who were chained to hospital beds during labour and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

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

Expectant inmates have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as shown by reports of infants dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a teenager lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an organisation. Her work has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. During her delivery, guards shackled her legs to the bed. Doctors performed a C-section. As she recovered, they suggested 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 endure," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced measures for pregnant women in the justice system. These include:

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

Experts and those who have been incarcerated believe that, often, pregnant women should not be in prison at all. "I question whether women should be prosecuted for many issues in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."