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A rights defender, at 35 weeks pregnant, was arrested near her residence in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives were informed to retrieve the remains of her infant child. The reason of death remains unexamined, and her loved ones does not know what happened or whether she received any care after birth.

An International Issue

Cases such as this are far from uncommon in detention centers globally. Expectant mothers are often kept in deplorable conditions and denied medical attention. Some lose their pregnancies, others deliver and give birth alone in a cell. Sadly, infants perish in custody.

"Governments believe it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate working on women's incarceration.

"Prison is a harmful environment for women, especially not for someone who is pregnant," she adds. "Extensive research that shows how damaging it is. Most facilities were constructed with men in mind, so women were an afterthought."

Flouted Global Standards

It has been 15 years since the creation of specific standards for the treatment of incarcerated women. These rules state that incarceration should be a final option for expectant mothers and that alternatives to detention should always be considered. Furthermore, they prohibit the use of shackles on women during labour.

But, these rules are consistently flouted globally. "This is not considered a worldwide priority for women's rights," argues the advocate. "It is overlooked, and there’s a lot of stigma and prejudice."

Severe Hardships in Overcrowded Systems

In some countries, situations for expectant inmates are reported to be "exceptionally severe". Family visits have been banned, and independent monitors are denied access. Interviews with formerly incarcerated women reveal assaults, abuse, and being denied basic supplies. Some are forced into exchanging favors with guards for nourishment or medical supplies.

"Our organisation has documented pregnancy losses and the loss of four babies … it is certain there are more," reports a rights defender.

Accounts also tell of women who were chained to hospital beds during labour and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Statistics lists some countries as having the most severe prison occupancy levels in the globe. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been handcuffed to beds prior to delivery. The environment for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and severe malnutrition behind bars.

Stories from Around the Globe

In Zambia, a former inmate remembers being in a detention block with expectant mothers. Cell doors were secured overnight. When someone went into labour at night, the women were left to manage on their own. "We would be pleading. Others were praying. Others were hitting the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help went unanswered for an extended period, and she was had to bite through the cord herself.

Turning Trauma into Change

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that prohibit shackling and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, guards shackled her legs to the bed. Doctors performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was obstetric violence. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Other countries have introduced policies regarding pregnant women in the legal system. Among them are:

• Evaluating non-custodial options for defendants who are mothers, expecting, or breastfeeding.
• Implementing house arrest as an option to being held before trial, particularly for expectant mothers.
• Allowing for the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated believe that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," says the advocate.

"Alternatives in the community that tackle the root causes of women entering the justice system – for example, poverty, abuse and drugs – are truly what we should be focusing on."