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A rights defender, while she was, was taken into custody near her home in early 2024. Accused with a crime of "illicit association", she was imprisoned without evidence. Three weeks later, her family received a call to collect the body of her newborn baby. The reason of death remains unexamined, and her loved ones does not know the circumstances or if she was given any care after birth.

A Worldwide Issue

Situations like these are far from uncommon in detention centers internationally. Pregnant women are often kept in deplorable conditions and denied medical attention. Some miscarry, others deliver and give birth by themselves in a detention cell. Sadly, infants die while incarcerated.

"Nations believe it’s a few of women so it’s not a problem, but that is incorrect," notes a lawyer working on women's incarceration.

"Prison is a terrible setting for women, let alone someone who is pregnant," she continues. "Extensive evidence that demonstrates how harmful it is. Most prisons were constructed with men in mind, so women were an secondary consideration."

Flouted Global Standards

It has been 15 years since the adoption of specific standards for the handling of female prisoners. These rules specify that incarceration should be a last resort for pregnant women and that alternatives to detention should be the first choice. They also ban the use of shackles on women in childbirth.

Yet, these guidelines are often violated around the world. "This is not viewed as a worldwide gender-equality priority," argues the advocate. "It’s not visible, and there’s a lot of stigma and stereotyping."

Critical Conditions in Overcrowded Prisons

In certain nations, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and civil society are barred from entry. Interviews with formerly incarcerated women describe assaults, abuse, and being denied essential items. Some are forced into exchanging favors with guards for nourishment or medicine.

"We has recorded pregnancy losses and the death of several infants … it is certain there are more," reports a local lawyer.

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

Severe Overpopulation and Its Impact

Data shows some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as shown by reports of babies dying from illness and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a former inmate recalls being in a detention block with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were forced to manage on their own. "We begged. Others were praying. Others were banging on the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

Such events also happen in more developed nations. For example, a young woman lost her daughter after giving birth unassisted in a cell. Her pleas for assistance were ignored for an extended period, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully pushed for legislation that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

Another story comes from Argentina. A woman learned of her pregnancy shortly after being sentenced. When it came time to give birth, officers chained her legs to the bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a prisoner?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison endure," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

Other countries have implemented policies for expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for accused women who are mothers, pregnant, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, especially for expectant mothers.
• Allowing for the postponement of sentences for pregnant women.

Experts and those who have been incarcerated believe that, often, 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," argues the expert.

"Community-based solutions that address the root causes of women coming into contact with the legal system – for example, poverty, violence and drugs – are truly what we should be investing in."