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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in early 2024. Charged with a crime of "illicit association", she was held without evidence. Three weeks later, her relatives were informed to retrieve the body of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware what happened or if she obtained any care after birth.

An International Issue

These tragic stories are far from uncommon in prisons around the world. Women carrying children are often kept in appalling situations and denied proper healthcare. Miscarriages occur, others deliver and have their babies alone in a cell. Tragically, infants die behind bars.

"Nations believe it’s a few of women so it’s insignificant, but that’s not true," states a lawyer dedicated to women's incarceration.

"Detention is a terrible place for women, especially not for someone who is expecting," she adds. "There’s so much research that shows how harmful it is. Most prisons were constructed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the creation of specific standards for the handling of female prisoners. This framework specify that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

Yet, these guidelines are consistently flouted around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "really critical". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women detail beatings, torture, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

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

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

Severe Overpopulation and Its Impact

Data shows some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a cell with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on 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 lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that prohibit restraints and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers chained her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. 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 implemented measures regarding pregnant women in the justice system. Among them are:

• Evaluating alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the first place," argues the advocate.

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