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A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Charged with a broad allegation, she was held without evidence. Three weeks later, her family were contacted to collect the remains of her infant child. The cause of death has not been investigated, and the family remains unaware the circumstances or whether she was given any postnatal care.

A Worldwide Issue

These tragic stories are not rare in detention centers globally. Expectant mothers are often held in appalling situations and deprived of medical attention. Some lose their pregnancies, others deliver and have their babies alone in a detention cell. Tragically, infants perish behind bars.

"Governments assume it’s a few of women so it’s not an issue, but that is incorrect," states a legal advocate working on women's incarceration.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she continues. "Extensive research that shows how harmful it is. Most prisons were built with men in mind, so women were an afterthought."

Ignored Global Standards

Over 15 years since the establishment of international guidelines for the treatment of incarcerated women. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women during labour.

Yet, these rules are often violated globally. "This is not considered a global gender-equality priority," says the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Overcrowded Systems

In some countries, situations for pregnant prisoners are described as "really critical". Family visits have been banned, and civil society are barred from entry. Interviews with ex-inmates reveal assaults, abuse, and being deprived of essential items. Some resort to exchanging favors with guards for nourishment or medicine.

"We has documented pregnancy losses and the loss of four babies … there will be more," says a local lawyer.

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

Severe Overpopulation and Its Effects

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Women are particularly vulnerable to these situations. "There is seldom enough space to lie down properly," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as shown by reports of babies succumbing from illness and severe malnutrition in custody.

Accounts from Different Continents

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

These tragedies also happen in wealthier nations. For example, a teenager her baby died after delivering unassisted in a prison cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the US, a woman who miscarried in her prison cell founded an organisation. Her work has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant after being given a prison term. When it came time to give birth, guards shackled her legs to the 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?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures for expectant mothers in the justice system. Among them are:

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

Experts and those who have been incarcerated believe that, often, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and substance issues – are truly what we should be focusing on."