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An advocate, at 35 weeks pregnant, was detained near her home in March 2024. Accused with a vague offense, she was held lacking proof. Three weeks later, her relatives received a call to collect the body of her newborn baby. The cause of death was not looked into, and the family remains unaware what happened or whether she obtained any care after birth.

An International Problem

These tragic stories are not rare within correctional systems globally. Pregnant women are often kept in appalling situations and deprived of medical attention. Some lose their pregnancies, others begin childbirth and have their babies unassisted in a prison cell. Devastatingly, infants die while incarcerated.

"Nations assume it’s a small number of women so it’s not an issue, but that is a misconception," notes a lawyer focused on women's incarceration.

"Detention is a terrible environment for women, let alone someone who is expecting," she adds. "There’s so much evidence that indicates how damaging it is. Numerous prisons were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

It has been 15 years since the adoption of international guidelines for the handling of incarcerated women. These guidelines specify that prison should be a final option for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of shackles on women while giving birth.

But, these rules are consistently flouted around the world. "This isn’t seen 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 Systems

In some countries, conditions for expectant inmates are described as "exceptionally severe". Contact with relatives have been prohibited, and civil society are denied access. Accounts with ex-inmates reveal assaults, torture, and being deprived of essential items. Some resort to trading sex with guards for nourishment or medical supplies.

"We has documented miscarriages and the loss of four babies … it is certain there are more," reports a local lawyer.

It is also reported women who were shackled to hospital beds while in labor and delivered while observed by male officers.

Severe Overpopulation and Its Consequences

Data lists some nations as having the highest overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are alarming, as shown by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after giving birth alone in a cell. Her pleas for assistance went unanswered for hours, and she was had to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her prison cell founded an organisation. Her work has successfully advocated for laws that prohibit shackling and isolation for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the first place," says the expert.

"Alternatives in the community that address the root causes of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be investing in."