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An advocate, who was, was taken into custody near her home in early 2024. Accused with a broad allegation, she was held without evidence. Weeks afterward, her relatives were contacted to collect the body of her newborn baby. The cause of death has not been investigated, and her loved ones remains unaware what happened or if she received any care after birth.

An International Problem

Cases such as this are far from uncommon within correctional systems internationally. Pregnant women are often held in appalling situations and deprived of necessary care. Some miscarry, others go into labour and have their babies unassisted in a prison cell. Sadly, some babies die behind bars.

"Nations assume it’s a minority of women so it’s not an issue, but that is a misconception," notes a legal advocate dedicated to female imprisonment.

"Incarceration is a terrible place for women, let alone someone who is expecting," she adds. "Extensive studies that indicates how harmful it is. Many facilities were built with men in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of international guidelines for the treatment of incarcerated women. These rules state that prison should be a final option for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of shackles on women while giving birth.

But, these standards are consistently flouted around the world. "This is not viewed as a worldwide priority for women's rights," says the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Systems

In certain nations, conditions 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 beatings, torture, and being deprived of basic supplies. Some resort to exchanging favors with guards for food or medical supplies.

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

It is also reported women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Severe Overpopulation and Its Impact

Statistics lists some countries as having the highest prison occupancy levels in the globe. Women are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by reports of babies dying from pneumonia and malnourishment behind bars.

Stories from Different Continents

In Zambia, a past prisoner remembers being in a detention block with pregnant women. 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 asking for divine help. Others were banging on the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier nations. In one case, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help 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 decided to use their experiences to instigate change. In the US, a woman who miscarried in her cell set up an organisation. She has successfully pushed for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman discovered she was pregnant after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" they asked.

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

Potential Reforms

Other countries have introduced policies for pregnant women in the justice system. These include:

• Considering non-custodial options for accused women who are primary caregivers, expecting, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Experts and those who have been incarcerated believe that, often, expectant mothers should not be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the advocate.

"Alternatives in the community that tackle the underlying reasons of women entering the legal system – for example, destitution, abuse and drugs – are really what we should be investing in."