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A rights defender, at 35 weeks pregnant, was taken into custody near her home in March 2024. Charged with a crime of "illicit association", she was held lacking proof. Weeks afterward, her family were informed to collect the body of her infant child. The cause of death was not looked into, and her loved ones does not know what happened or if she was given any care after birth.

A Worldwide Problem

Cases such as this are alarmingly common in prisons internationally. Women carrying children are often kept in terrible environments and deprived of necessary care. Some lose their pregnancies, others begin childbirth and have their babies unassisted in a cell. Tragically, infants die in custody.

"Governments believe it’s a few of women so it’s insignificant, but that’s not true," states a legal advocate working on female imprisonment.

"Prison is a terrible environment for women, especially not for someone who is pregnant," she explains. "Extensive studies that demonstrates how damaging it is. Many prisons were designed with men in mind, so women were an secondary consideration."

Violated International Guidelines

Over 15 years since the adoption of specific standards for the handling of female prisoners. This framework specify that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. Furthermore, they forbid the use of restraints on women during labour.

But, these guidelines are routinely ignored around the world. "This is not viewed as a global priority for women's rights," says the advocate. "It remains hidden, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In some countries, situations for expectant inmates are described as "really critical". Contact with relatives have been banned, and rights groups are denied access. Accounts with formerly incarcerated women describe assaults, abuse, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medicine.

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

Accounts also tell of women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Severe Overpopulation and Its Consequences

Data lists some countries as having the highest prison occupancy levels in the world. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Pregnant prisoners have been restrained to hospital beds before giving birth. Conditions for caring for an infant back in prison are worrying, as evidenced by cases of infants succumbing from pneumonia and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the ground and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier countries. In one case, a teenager her baby died after delivering unassisted in a cell. Her calls for help went unanswered for an extended period, and she was had to sever the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell founded an organisation. She has successfully pushed for legislation that ban restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, guards shackled her legs to the hospital 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?" they asked.

"What I experienced was obstetric violence. It should never have happened, but this is what women in prison go through," she stated. This trauma later shaped official guidelines around childbirth in detention.

Alternatives and Solutions

Some nations have introduced policies for pregnant women in the justice system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, expecting, or breastfeeding.
• Introducing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the postponement of prison terms for pregnant women.

Advocates and people with experience argue that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be prosecuted for numerous offenses in the beginning," argues the expert.

"Alternatives in the community that address the root causes of women coming into contact with the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."