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A rights defender, who was, was detained near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The cause of death was not looked into, and her loved ones has no idea what happened or if she was given any postnatal care.

A Worldwide Issue

Situations like these are not rare in prisons globally. Pregnant women are often held in deplorable conditions and deprived of necessary care. Some miscarry, others begin childbirth and give birth unassisted in a cell. Tragically, some babies perish while incarcerated.

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

"Detention is not a good setting for women, let alone someone who is expecting," she adds. "There’s so much research that indicates how harmful it is. Many facilities were built with male inmates in mind, so women were an secondary consideration."

Flouted Global Standards

Over 15 years since the creation of international guidelines for the handling of incarcerated women. These guidelines clearly say that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they ban the use of restraints on women in childbirth.

Yet, these standards are often violated globally. "This is not viewed as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Severe Hardships in Packed Systems

In some countries, conditions for expectant inmates are described as "really critical". Contact with relatives have been prohibited, and rights groups are denied access. Interviews with formerly incarcerated women describe beatings, abuse, and being deprived of basic supplies. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

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

Accounts also tell of women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some nations as having the highest overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell founded an organisation. Her work has successfully pushed for legislation that prohibit restraints and isolation for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she stated. This trauma later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an option to being held before trial, especially for pregnant women.
• Allowing for the postponement of sentences for pregnant women.

Advocates and those who have been incarcerated argue 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 first place," says the expert.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be investing in."