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A rights defender, at 35 weeks pregnant, was detained near her residence in early 2024. Charged with a vague offense, she was imprisoned without evidence. Weeks afterward, her family were informed to retrieve the remains of her newborn baby. The reason of death was not looked into, and the family remains unaware the circumstances or whether she obtained any postnatal care.

A Worldwide Problem

Cases such as this are far from uncommon in prisons around the world. Women carrying children are often kept in appalling situations and deprived of necessary care. Some miscarry, others begin childbirth and give birth by themselves in a detention cell. Tragically, some babies perish behind bars.

"Nations believe it’s a minority of women so it’s not a problem, but that is a misconception," says a lawyer working on women's incarceration.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she continues. "Extensive studies that shows how harmful it is. Many prisons were constructed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the establishment of specific standards for the treatment of female prisoners. These guidelines specify that incarceration should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of shackles on women while giving birth.

Yet, these rules are routinely ignored globally. "This isn’t seen as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Systems

In various regions, situations for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women describe assaults, torture, and being deprived of essential items. Reports indicate some are forced into exchanging favors with guards for food or medicine.

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

It is also reported women who were shackled to hospital beds during labour and gave birth while observed by male prison guards.

Severe Overpopulation and Its Consequences

Data lists some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable 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 basic items."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants succumbing from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

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

Turning Trauma into Change

Some women have decided to use their traumatic ordeals to drive reform. In the United States, a woman who lost her pregnancy in her prison cell set up an advocacy group. Her work has successfully advocated for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding expectant mothers in the justice system. Among them are:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated argue that, in most cases, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Alternatives in the community that address the underlying reasons of women entering the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."