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A rights defender, who was, was taken into custody near her residence in early 2024. Accused with a vague offense, she was imprisoned without evidence. Weeks afterward, her relatives were contacted to collect the remains of her infant child. The cause of death remains unexamined, and the family does not know the circumstances or whether she obtained any care after birth.

A Worldwide Crisis

These tragic stories are far from uncommon within correctional systems around the world. Women carrying children are often held in terrible environments and not given proper healthcare. Some lose their pregnancies, others deliver and give birth alone in a cell. Sadly, some babies perish behind bars.

"Governments think it’s a few of women so it’s insignificant, but that is a misconception," notes a lawyer working on female imprisonment.

"Detention is a harmful setting for women, not to mention someone who is pregnant," she explains. "Extensive evidence that indicates how harmful it is. Most facilities were built with men in mind, so women were an afterthought."

Ignored UN Rules

Over 15 years since the establishment of international guidelines for the handling of female prisoners. These guidelines clearly say that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women while giving birth.

However, these rules are often violated around the world. "This is not viewed as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of stigma and prejudice."

Critical Conditions in Overcrowded Prisons

In various regions, conditions for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and independent monitors are denied access. Accounts with formerly incarcerated women detail assaults, abuse, and being denied basic supplies. Some are forced into trading sex with prison staff for nourishment or medicine.

"We has documented pregnancy losses and the death of several infants … it is certain there are more," says a local lawyer.

It is also reported women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by reports of infants dying from pneumonia and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events occur 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 hours, and she was forced to bite through the umbilical cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their experiences to drive reform. In the US, a woman who miscarried in her cell founded an advocacy group. Her work has successfully advocated for legislation that prohibit shackling and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"What I experienced was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have introduced policies regarding pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for pregnant women.

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

"Alternatives in the community that address the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are really what we should be investing in."