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A rights defender, at 35 weeks pregnant, was taken into custody near her home in early 2024. Accused with a broad allegation, she was jailed without evidence. Weeks afterward, her relatives were contacted to collect the remains of her newborn baby. The cause of death remains unexamined, and her loved ones remains unaware the circumstances or whether she was given any postnatal care.

A Global Issue

Cases such as this are far from uncommon in detention centers internationally. Expectant mothers are often held in terrible environments and deprived of medical attention. Some miscarry, others go into labour and have their babies alone in a cell. Tragically, some babies die in custody.

"Nations assume it’s a small number of women so it’s not an issue, but that is incorrect," says a legal advocate focused on female imprisonment.

"Incarceration is a harmful setting for women, not to mention someone who is pregnant," she adds. "Extensive studies that indicates how detrimental it is. Most facilities were built with men in mind, so women were an afterthought."

Flouted UN Rules

It has been 15 years since the creation of specific standards for the handling of incarcerated women. These rules specify that incarceration should be a final option for expectant mothers 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 often violated globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It’s not visible, and there’s a lot of stigma and prejudice."

Dire Situations in Packed Systems

In certain nations, conditions for pregnant prisoners are described as "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women reveal assaults, torture, and being deprived of basic supplies. Some resort to exchanging favors with prison staff for food or medical supplies.

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

It is also reported women who were chained to hospital beds during labour and gave birth while watched by male officers.

Severe Overpopulation and Its Consequences

Data lists some countries as having the most severe overcrowding levels in the globe. Women are especially at risk to these conditions. "There is rarely enough space to lie down properly," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been handcuffed to beds prior to delivery. Conditions for raising a newborn upon return in prison are worrying, as evidenced by cases of babies succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. When someone started giving birth at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, yelling: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed nations. For example, a young woman her baby died after delivering unassisted in a prison cell. Her calls for help went unanswered for hours, and she was forced to bite through the cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the United States, a woman who miscarried in her cell set up an advocacy group. She has successfully advocated for laws that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff performed a C-section. As she recovered, they offered to perform sterilization. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"What I experienced was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. Her experiences later informed provincial policies around childbirth in detention.

Alternatives and Solutions

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

• Evaluating alternatives to detention for defendants who are mothers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for expectant mothers.
• Permitting the postponement of prison terms for women who are pregnant.

Advocates and those who have been incarcerated contend that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the advocate.

"Community-based solutions that address the underlying reasons of women entering the justice system – for example, poverty, abuse and drugs – are truly what we should be focusing on."