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A rights defender, while she was, was detained near her home in early 2024. Accused with a crime of "illicit association", she was jailed lacking proof. Weeks afterward, her family were contacted to collect the body of her infant child. The cause of death remains unexamined, and the family has no idea what happened or whether she obtained any postnatal care.

A Global Problem

Cases such as this are alarmingly common within correctional systems globally. Pregnant women are often kept in terrible environments and denied necessary care. Some lose their pregnancies, others begin childbirth and have their babies alone in a detention cell. Sadly, some babies perish in custody.

"Countries believe it’s a few of women so it’s not a problem, but that’s not true," states a lawyer focused on female imprisonment.

"Prison is not a good setting for women, especially not for someone who is expecting," she adds. "There’s so much studies that demonstrates how detrimental it is. Most prisons were designed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These guidelines state that prison should be a final option for pregnant women and that alternatives to detention should always be considered. They also ban the use of shackles on women in childbirth.

Yet, these rules are routinely ignored globally. "This is not considered a worldwide gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and prejudice."

Dire Situations in Overcrowded Systems

In some countries, conditions for expectant inmates are reported to be "extremely dire". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates describe assaults, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"We has recorded pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

Accounts also tell of women who were chained to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Impact

Data shows some nations as having the most severe overcrowding levels in the globe. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for caring for an infant upon return in prison are worrying, as shown by reports of infants succumbing from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were locked overnight. When someone went into labour at night, the women were forced to fend for themselves. "We begged. Others were praying. Others were hitting the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in more developed countries. For example, a young woman her baby died after delivering alone in a prison cell. Her calls for help went unanswered for hours, and she was had to sever the cord herself.

From Experience to Advocacy

A number of survivors have decided to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an organisation. Her work has successfully advocated for legislation that ban shackling and isolation for pregnant inmates in multiple states.

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean 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 medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she says. Her experiences later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

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

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for pregnant women.
• Allowing for the postponement of prison terms for women who are pregnant.

Experts and those who have been incarcerated argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Community-based solutions that tackle the root causes of women entering the legal system – for example, destitution, violence and drugs – are really what we should be focusing on."