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A rights defender, who was, was taken into custody near her residence in March 2024. Charged with a broad allegation, she was jailed lacking proof. Three weeks later, her family were informed to retrieve the body of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware the circumstances or whether she obtained any postnatal care.

A Worldwide Problem

Situations like these are alarmingly common in detention centers around the world. Expectant mothers are often held in appalling situations and not given proper healthcare. Some miscarry, others go into labour and have their babies unassisted in a prison cell. Tragically, infants die while incarcerated.

"Countries assume it’s a minority of women so it’s not a problem, but that is incorrect," says a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful place for women, let alone someone who is pregnant," she adds. "There’s so much studies that demonstrates how harmful it is. Numerous prisons were constructed with male inmates in mind, so women were an secondary consideration."

Ignored Global Standards

It has been 15 years since the adoption of international guidelines for the handling of female prisoners. This framework specify that incarceration should be a last resort for expectant mothers and that non-custodial sentences should always be considered. Furthermore, they forbid the use of restraints on women during labour.

But, these standards are routinely ignored globally. "This isn’t seen as a global gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Dire Situations in Overcrowded Systems

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and civil society are denied access. Interviews with formerly incarcerated women detail assaults, torture, and being denied basic supplies. Some resort to exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … there will be more," reports a rights defender.

It is also reported women who were shackled to hospital beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Effects

Statistics shows some countries as having the most severe prison occupancy levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. The environment for caring for an infant upon return in prison are alarming, as shown by reports of babies succumbing from illness and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a cell with expectant mothers. Cell 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 banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was had to sever the umbilical cord herself.

From Experience to Advocacy

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

Another story comes from Argentina. A woman discovered she was pregnant shortly after being sentenced. When it came time to give birth, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they offered to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Other countries have introduced measures regarding expectant mothers in the legal system. These include:

• Evaluating non-custodial options for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held before trial, particularly for pregnant women.
• Allowing for the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the expert.

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