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A rights defender, while she was, was taken into custody near her home in March 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her relatives received a call to retrieve the body of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware what happened or whether she received any postnatal care.

A Worldwide Issue

Situations like these are far from uncommon in prisons around the world. Pregnant women are often held in deplorable conditions and not given necessary care. Miscarriages occur, others begin childbirth and have their babies alone in a cell. Devastatingly, some babies die in custody.

"Governments think it’s a few of women so it’s not an issue, but that is incorrect," says a legal advocate working on female imprisonment.

"Incarceration is not a good setting for women, not to mention someone who is expecting," she explains. "Extensive research that demonstrates how detrimental it is. Most facilities were constructed with male inmates in mind, so women were an afterthought."

Violated International Guidelines

It has been 15 years since the establishment of specific standards 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.

However, these rules are routinely ignored globally. "This is not viewed as a global gender-equality priority," argues the advocate. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In certain nations, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been prohibited, and independent monitors are barred from entry. Interviews with ex-inmates reveal assaults, torture, and being denied essential items. Some resort to exchanging favors with guards for nourishment or medicine.

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

It is also reported women who were chained to medical beds while in labor and gave birth while watched by male officers.

Overcrowding and Its Impact

Statistics shows some nations as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to fully lie down," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants dying from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In one African country, a past prisoner recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman started giving birth at night, the women were left to manage on their own. "We begged. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed countries. For example, a teenager lost her daughter after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was forced to bite through the cord on her own.

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 prison cell set up an organisation. She has successfully pushed for legislation that ban shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you want to have more children, if you’re a prisoner?" was the response.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures for expectant mothers in the justice system. These include:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing house arrest as an alternative to being held on remand, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated contend that, often, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the expert.

"Alternatives in the community that address the underlying reasons of women coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be focusing on."