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A rights defender, at 35 weeks pregnant, was detained near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Weeks afterward, her family were informed to collect the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware what happened or if she was given any postnatal care.

A Worldwide Crisis

These tragic stories are not rare within correctional systems around the world. Women carrying children are often subjected to deplorable conditions and denied proper healthcare. Some miscarry, others deliver and have their babies by themselves in a cell. Sadly, some babies die behind bars.

"Nations believe it’s a small number of women so it’s not an issue, but that is incorrect," says a legal advocate dedicated to female imprisonment.

"Detention is a harmful setting for women, not to mention someone who is expecting," she explains. "There’s so much evidence that indicates how harmful it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the establishment of international guidelines for the handling of incarcerated women. These rules state that prison should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

But, these guidelines are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," says 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 "really critical". Contact with relatives have been prohibited, and civil society are denied access. Interviews with ex-inmates describe assaults, abuse, and being denied essential items. Some resort to exchanging favors with guards for food or medicine.

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

Reports also indicate women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the highest overcrowding levels in the world. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to hospital beds prior to delivery. Conditions for caring for an infant upon return in prison are alarming, as evidenced by cases of infants dying from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a teenager her baby died after giving birth alone 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.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that prohibit restraints 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 chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed official guidelines around childbirth in detention.

Alternatives and Solutions

Other countries have introduced measures regarding pregnant women in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Experts and people with experience believe that, often, expectant mothers ought not to be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the first place," says the advocate.

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