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A rights defender, who was, was taken into custody near her home in early 2024. Charged with a broad allegation, she was imprisoned lacking proof. Three weeks later, her family were informed to retrieve the remains of her newborn baby. The cause of death was not looked into, and the family remains unaware the circumstances or if she was given any postnatal care.

An International Issue

Situations like these are alarmingly common in detention centers around the world. Women carrying children are often kept in appalling situations and deprived of necessary care. Miscarriages occur, others deliver and have their babies by themselves in a prison cell. Devastatingly, infants die in custody.

"Countries think it’s a few of women so it’s insignificant, but that is a misconception," notes a legal advocate dedicated to women's incarceration.

"Detention is a terrible environment for women, let alone someone who is pregnant," she explains. "There’s so much evidence that shows how damaging it is. Many facilities were designed with men in mind, so women were an afterthought."

Flouted UN Rules

Over 15 years since the creation of specific standards for the handling of female prisoners. These rules specify that incarceration should be a final option for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of shackles on women while giving birth.

But, these rules are routinely ignored around the world. "This isn’t seen as a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Systems

In certain nations, conditions for expectant inmates are described as "extremely dire". Contact with relatives have been banned, and rights groups are denied access. Accounts with ex-inmates detail beatings, torture, and being deprived of essential items. Reports indicate some are forced into exchanging favors with prison staff for nourishment or medicine.

"We has recorded pregnancy losses and the loss of several infants … there will be more," reports a local lawyer.

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

Severe Overpopulation and Its Consequences

Data shows some nations as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these situations. "There is rarely enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been handcuffed to beds before giving birth. The environment for raising a newborn back in prison are worrying, as shown by cases of babies succumbing from illness and malnourishment behind bars.

Accounts from Around the Globe

In Zambia, a former inmate recalls being in a detention block with expectant mothers. Cell doors were secured overnight. If a woman went into labour at night, the women were forced to manage on their own. "We would be pleading. Others were asking for divine help. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier countries. In one case, a teenager her baby died after delivering alone in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to advocate. In the United States, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that prohibit shackling and isolation for expectant 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, guards shackled her legs to the bed. Hospital staff performed a C-section. While still groggy, they suggested to perform sterilization. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. This trauma later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have introduced policies regarding expectant mothers in the legal system. Among them are:

• Considering non-custodial options for defendants who are primary caregivers, pregnant, or breastfeeding.
• Introducing home detention as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated believe that, often, pregnant women should not be in prison at all. "We must ask whether women should be criminalised for numerous offenses in the beginning," says the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and substance issues – are really what we should be focusing on."