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An advocate, who was, was arrested near her residence in March 2024. Accused with a crime of "illicit association", she was imprisoned lacking proof. Weeks afterward, her family received a call to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones does not know the circumstances or if she obtained any care after birth.

A Worldwide Problem

Cases such as this are far from uncommon within correctional systems internationally. Women carrying children are often kept in deplorable conditions and deprived of necessary care. Some miscarry, others begin childbirth and have their babies by themselves in a detention cell. Tragically, infants perish in custody.

"Governments assume it’s a minority of women so it’s not a problem, but that’s not true," says a legal advocate focused on female imprisonment.

"Prison is not a good place for women, let alone someone who is pregnant," she adds. "Extensive studies that indicates how harmful it is. Most prisons were designed with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of incarcerated women. These rules clearly say 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 restraints on women while giving birth.

But, these guidelines are often violated globally. "This isn’t seen as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In various regions, situations for pregnant prisoners are described as "exceptionally severe". Family visits have been prohibited, and independent monitors are denied access. Interviews with formerly incarcerated women reveal beatings, torture, and being denied basic supplies. Reports indicate some are forced into trading sex with prison staff for nourishment or medicine.

"Our organisation has recorded pregnancy losses and the loss of several infants … there will be more," reports a rights defender.

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male prison guards.

Overcrowding and Its Consequences

Data lists some countries as having the highest prison occupancy levels in the world. Female inmates are especially at risk 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 restrained to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as shown by reports of infants dying from illness and severe malnutrition in custody.

Accounts from Around the Globe

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

These tragedies also happen in wealthier countries. For example, a teenager lost her daughter after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to sever the cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her prison cell set up an advocacy group. Her work has successfully pushed for laws that prohibit restraints and solitary confinement for pregnant inmates in multiple states.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers 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 inmate?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison endure," she says. Her experiences later shaped official guidelines around childbirth in detention.

Potential Reforms

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

• Considering non-custodial options for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held before trial, particularly for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Experts and people with experience contend that, often, pregnant women ought not to be in prison at all. "I question 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 justice system – for example, poverty, abuse and drugs – are truly what we should be investing in."