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A rights defender, while she was, was detained near her residence in early 2024. Accused with a broad allegation, she was jailed without evidence. Three weeks later, her family received a call to collect the body of her infant child. The reason of death has not been investigated, and her loved ones remains unaware what happened or if she obtained any care after birth.

A Global Crisis

Cases such as this are far from uncommon within correctional systems globally. Pregnant women are often subjected to deplorable conditions and deprived of medical attention. Miscarriages occur, others deliver and have their babies by themselves in a prison cell. Sadly, some babies perish in custody.

"Countries think it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate focused on women's incarceration.

"Detention is a terrible place for women, let alone someone who is pregnant," she explains. "There’s so much research that indicates how damaging it is. Most prisons were built with men in mind, so women were an secondary consideration."

Violated UN Rules

It has been 15 years since the adoption of international guidelines for the treatment of incarcerated women. These guidelines state that incarceration should be a final option for expectant mothers and that non-custodial sentences should be the first choice. They also forbid the use of restraints on women during labour.

However, these standards are consistently flouted around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Systems

In certain nations, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being denied basic supplies. Some are forced into trading sex with prison staff for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were chained to medical beds while in labor and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics lists some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as evidenced by reports of babies dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were locked overnight. When someone went into labour at night, the women were forced to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after delivering unassisted in a cell. Her pleas for assistance went unanswered for an extended period, and she was had to sever 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 miscarried in her cell set up an organisation. Her work has successfully pushed for laws that ban restraints and isolation for expectant inmates in multiple states.

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

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison go through," she says. This trauma later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Introducing house arrest as an alternative to being held before trial, especially for pregnant women.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," argues the expert.

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