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A rights defender, who was, was detained near her residence in early 2024. Charged with a broad allegation, she was jailed without evidence. Weeks afterward, her family were informed to collect the body of her newborn baby. The reason of death remains unexamined, and the family does not know what happened or whether she was given any care after birth.

A Worldwide Problem

These tragic stories are alarmingly common in prisons internationally. Women carrying children are often kept in appalling situations and not given medical attention. Miscarriages occur, others go into labour and have their babies unassisted in a prison cell. Sadly, infants perish behind bars.

"Nations believe it’s a minority of women so it’s insignificant, but that is a misconception," says a lawyer working on women's incarceration.

"Detention is a terrible setting for women, let alone someone who is pregnant," she adds. "Extensive research that indicates how detrimental it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Flouted International Guidelines

Over 15 years since the establishment of international guidelines for the treatment of female prisoners. These guidelines clearly say that incarceration should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. They also ban the use of restraints on women while giving birth.

Yet, these standards are often violated globally. "This is not considered a global priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In some countries, situations for expectant inmates are reported to be "really critical". Family visits have been banned, and rights groups are denied access. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of essential items. Some resort to trading sex with prison staff for nourishment or medical supplies.

"We has recorded miscarriages and the death of four babies … there will be more," says a local lawyer.

Reports also indicate women who were shackled to hospital beds during labour and gave birth while observed by male officers.

Severe Overpopulation and Its Effects

Data shows some countries as having the most severe overcrowding levels in the world. Women are especially at risk to these situations. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to essentials."

Expectant inmates have been restrained to beds before giving birth. Conditions for caring for an infant back in prison are alarming, as evidenced by reports of babies succumbing from pneumonia and malnourishment in custody.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We begged. Others were praying. Others were banging on the floor and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. In one case, a young woman lost her daughter after delivering alone in a prison cell. Her pleas for assistance were ignored for an extended period, and she was forced to sever the umbilical cord herself.

Turning Trauma into Change

Some women have chosen to use their experiences to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. Her work has successfully pushed for legislation that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

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

"What I experienced was obstetric violence. What I experienced should never have happened, but this is what women in prison endure," she says. This trauma later shaped provincial policies around giving birth while incarcerated.

Alternatives and Solutions

Some nations have implemented policies for expectant mothers in the justice system. These include:

• Considering alternatives to detention for defendants who are mothers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held before trial, especially for pregnant women.
• Allowing for the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for many issues in the first place," says the advocate.

"Alternatives in the community that address the underlying reasons of women coming into contact with the legal system – for example, destitution, violence and drugs – are truly what we should be investing in."