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A rights defender, who was, was detained near her home in early 2024. Charged with a broad allegation, she was held lacking proof. Three weeks later, her relatives were informed to retrieve the remains of her newborn baby. The cause of death remains unexamined, and her loved ones does not know what happened or whether she received any postnatal care.

A Global Issue

Cases such as this are alarmingly common in detention centers internationally. Pregnant women are often subjected to deplorable conditions and not given proper healthcare. Some miscarry, others begin childbirth and have their babies alone in a cell. Sadly, infants die while incarcerated.

"Countries assume it’s a small number of women so it’s not a problem, but that is incorrect," says a legal advocate focused on women's incarceration.

"Detention is not a good place for women, not to mention someone who is expecting," she continues. "There’s so much research that demonstrates how damaging it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the creation of international guidelines for the handling of incarcerated women. This framework state 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.

But, these guidelines are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Severe Hardships in Packed Prisons

In various regions, situations for pregnant prisoners are described as "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Interviews with ex-inmates describe assaults, torture, and being denied essential items. Some are forced into trading sex with prison staff for food or medical supplies.

"We has recorded miscarriages and the death of four babies … it is certain there are more," says a local lawyer.

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

Severe Overpopulation and Its Impact

Statistics shows some nations as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to fully lie down," says a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of infants dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were hitting the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. For example, a teenager her baby died after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to sever the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her prison cell set up an advocacy group. She has successfully pushed for laws that prohibit shackling and solitary confinement for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, guards chained her legs to the 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.

"What I experienced was obstetric violence. 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

Other countries have implemented measures for expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," argues the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, poverty, violence and substance issues – are really what we should be investing in."