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A rights defender, while she was, was arrested near her home in early 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her family were informed to collect the remains of her infant child. The reason of death has not been investigated, and her loved ones does not know what happened or whether she obtained any postnatal care.

A Worldwide Problem

Cases such as this are alarmingly common in prisons globally. Women carrying children are often subjected to terrible environments and denied necessary care. Some lose their pregnancies, others deliver and have their babies unassisted in a detention cell. Devastatingly, some babies perish in custody.

"Countries assume it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate dedicated to women's incarceration.

"Incarceration is a harmful environment for women, not to mention someone who is pregnant," she continues. "Extensive research that indicates how detrimental it is. Many prisons were designed with male inmates in mind, so women were an afterthought."

Flouted International Guidelines

It has been 15 years since the adoption of international guidelines for the treatment of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should always be considered. Furthermore, they ban the use of restraints on women in childbirth.

Yet, these guidelines are consistently flouted around the world. "This is not considered a global priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In some countries, situations for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Reports indicate some resort to exchanging favors with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of several infants … there will be more," says a local lawyer.

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

Overcrowding and Its Effects

Data shows some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these situations. "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 handcuffed to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Cell doors were locked overnight. If a woman started giving birth at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. In one case, a young woman her baby died after giving birth unassisted in a cell. Her calls for help were ignored for an extended period, and she was had to bite through the cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to drive reform. In the United States, a woman who miscarried in her prison cell set up an organisation. She has successfully pushed for legislation that prohibit restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"What I experienced was obstetric violence. It 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 measures regarding pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience believe that, often, pregnant women should not be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the legal system – for example, destitution, abuse and substance issues – are really what we should be investing in."