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A rights defender, who was, was detained near her home in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her relatives were informed to retrieve the remains of her infant child. The reason of death remains unexamined, and the family does not know what happened or if she was given any postnatal care.

A Global Crisis

Situations like these are far from uncommon in prisons around the world. Expectant mothers are often kept in appalling situations and denied medical attention. Some lose their pregnancies, others go into labour and give birth by themselves in a prison cell. Sadly, infants perish in custody.

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

"Prison is a terrible environment for women, let alone someone who is pregnant," she continues. "There’s so much research that indicates how detrimental it is. Numerous facilities were designed with men in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the creation of international guidelines for the treatment of female prisoners. These guidelines specify that prison should be a final option for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women during labour.

Yet, these guidelines are routinely ignored around the world. "This isn’t seen as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Systems

In certain nations, conditions for pregnant prisoners are described as "exceptionally severe". Family visits have been banned, and civil society are denied access. Accounts with ex-inmates describe beatings, abuse, and being deprived of basic supplies. Some are forced into exchanging favors with prison staff for food or medicine.

"Our organisation has documented pregnancy losses and the loss of four babies … 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 Effects

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a advocate. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by cases of infants dying from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were left to fend for themselves. "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 occur in wealthier nations. In one case, a teenager her baby died after delivering alone in a cell. Her calls for help went unanswered for hours, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to advocate. In the United States, a woman who lost her pregnancy in her prison cell founded an organisation. She has successfully pushed for laws that ban restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, guards chained her legs to the bed. Doctors performed a C-section. As she recovered, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an alternative to being held on remand, especially for pregnant women.
• Permitting the deferral of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," says the expert.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be focusing on."