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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Three weeks later, her relatives were informed to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family has no idea what happened or if she was given any postnatal care.

An International Crisis

These tragic stories are alarmingly common in prisons internationally. Expectant mothers are often held in terrible environments and not given proper healthcare. Miscarriages occur, others begin childbirth and have their babies unassisted in a prison cell. Tragically, infants perish while incarcerated.

"Governments believe it’s a few of women so it’s insignificant, but that is incorrect," states a legal advocate working on female imprisonment.

"Prison is not a good setting for women, let alone someone who is pregnant," she explains. "Extensive evidence that shows how detrimental it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the creation of specific standards for the treatment of incarcerated women. These rules clearly say that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they ban the use of shackles on women during labour.

However, these rules are often violated globally. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and prejudice."

Critical Conditions in Packed Prisons

In certain nations, situations for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and rights groups are barred from entry. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with guards for nourishment or medicine.

"Our organisation has documented miscarriages and the loss of four babies … there will be more," says a rights defender.

Accounts also tell of women who were shackled to medical beds while in labor and delivered while watched by male prison guards.

Overcrowding and Its Effects

Data shows some countries as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds prior to delivery. Conditions for raising a newborn back in prison are worrying, as shown by reports of babies dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with pregnant women. Cell doors were secured overnight. When someone went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager her baby died after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord herself.

From Experience to Advocacy

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 founded an advocacy group. Her work has successfully pushed for legislation that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers chained her legs to the bed. Doctors performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced measures regarding expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of prison terms for pregnant women.

Experts and those who have been incarcerated argue that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the advocate.

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