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A rights defender, at 35 weeks pregnant, was taken into custody near her residence in March 2024. Accused with a vague offense, she was imprisoned without evidence. Three weeks later, her family received a call to retrieve the body of her newborn baby. The reason of death was not looked into, and the family remains unaware what happened or whether she received any postnatal care.

A Worldwide Problem

Situations like these are alarmingly common within correctional systems globally. Expectant mothers are often subjected to appalling situations and deprived of proper healthcare. Some miscarry, others go into labour and give birth by themselves in a cell. Sadly, infants die behind bars.

"Nations think it’s a minority of women so it’s not an issue, but that is incorrect," says a lawyer focused on female imprisonment.

"Incarceration is a terrible environment for women, not to mention someone who is expecting," she explains. "Extensive research that indicates how detrimental it is. Most facilities were built with male inmates in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the adoption of specific standards for the treatment of female prisoners. These rules state that incarceration should be a final option for pregnant women and that non-custodial sentences should always be considered. Furthermore, they prohibit the use of shackles on women while giving birth.

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

Dire Situations in Packed Prisons

In some countries, conditions for expectant inmates are reported to be "really critical". Family visits have been prohibited, and civil society are denied access. Accounts with ex-inmates detail assaults, torture, and being denied essential items. Reports indicate some resort to trading sex with guards for food or medicine.

"We has recorded miscarriages and the loss of four babies … it is certain there are more," reports a rights defender.

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

Overcrowding and Its Consequences

Data lists some countries as having the highest overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," 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. Conditions for caring for an infant back in prison are alarming, as evidenced by cases of infants dying from illness and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner recalls being in a cell with pregnant women. 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 banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed countries. In one case, a teenager lost her daughter after delivering alone in a prison cell. Her calls for help were ignored for an extended period, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell set up an advocacy group. She has successfully pushed for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

A separate account comes from Argentina. A woman discovered she was pregnant after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to perform sterilization. "Why would you want to have more children, if you’re a inmate?" was the response.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison endure," she stated. Her experiences later shaped provincial policies around childbirth in detention.

Potential Reforms

Some nations have introduced policies for pregnant women in the legal system. These include:

• Evaluating non-custodial options for accused women who are mothers, expecting, or nursing mothers.
• Introducing house arrest as an option to being held on remand, particularly for expectant mothers.
• Allowing for the deferral of prison terms for women who are pregnant.

Experts and people with experience believe that, often, pregnant women ought not to be in prison at all. "I question whether women should be prosecuted for many issues in the beginning," says the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the legal system – for example, poverty, abuse and drugs – are truly what we should be investing in."