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An advocate, at 35 weeks pregnant, was detained near her residence in March 2024. Charged with a vague offense, she was imprisoned lacking proof. Weeks afterward, her relatives were informed to collect the remains of her newborn baby. The reason of death was not looked into, and her loved ones remains unaware what happened or if she obtained any care after birth.

An International Issue

Cases such as this are far from uncommon in prisons around the world. Women carrying children are often subjected to appalling situations and denied necessary care. Some lose their pregnancies, others deliver and have their babies by themselves in a cell. Devastatingly, some babies perish behind bars.

"Nations think it’s a few of women so it’s not an issue, but that is incorrect," states a legal advocate dedicated to female imprisonment.

"Detention is a harmful place for women, let alone someone who is pregnant," she continues. "There’s so much studies that demonstrates how harmful it is. Most facilities were built with men in mind, so women were an afterthought."

Flouted International Guidelines

Over 15 years since the creation of international guidelines for the handling of female prisoners. These rules clearly say that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. They also prohibit the use of restraints on women while giving birth.

However, these rules are routinely ignored around the world. "This is not viewed as a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Severe Hardships in Packed Prisons

In various regions, conditions for pregnant prisoners are reported to be "exceptionally severe". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal beatings, torture, and being deprived of essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

"Our organisation has recorded miscarriages and the death of several infants … there will be more," says a local lawyer.

It is also reported women who were shackled to medical beds during labour and delivered while watched by male prison guards.

Overcrowding and Its Consequences

Statistics shows some countries as having the highest overcrowding levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. The environment for caring for an infant upon return in prison are worrying, as shown by cases of babies dying from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour 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 also happen in wealthier countries. In one case, a young woman her baby died after giving birth alone in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the cord on her own.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the US, a woman who miscarried in her cell set up an advocacy group. She has successfully pushed for legislation that ban restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the 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 prisoner?" was the response.

"My ordeal was obstetric violence. What I experienced should not have occurred, but this is what women in prison go through," she says. This trauma later shaped official guidelines around childbirth in detention.

Potential Reforms

Other countries have implemented measures regarding pregnant women in the legal system. These include:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated contend that, in most cases, expectant mothers ought not to be in prison at all. "We must ask whether women should be prosecuted for many issues in the beginning," argues the expert.

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