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An advocate, while she was, was taken into custody near her residence in March 2024. Charged with a vague offense, she was jailed without evidence. Three weeks later, her relatives were contacted to retrieve the body of her infant child. The cause of death remains unexamined, and the family remains unaware the circumstances or if she received any care after birth.

A Global Issue

Cases such as this are alarmingly common in prisons internationally. Pregnant women are often kept in appalling situations and not given proper healthcare. Some miscarry, others begin childbirth and give birth alone in a cell. Sadly, some babies perish in custody.

"Countries believe it’s a minority of women so it’s not an issue, but that is a misconception," notes a legal advocate working on female imprisonment.

"Incarceration is a terrible place for women, not to mention someone who is pregnant," she adds. "Extensive evidence that shows how detrimental it is. Numerous prisons were constructed with men in mind, so women were an secondary consideration."

Ignored UN Rules

It has been 15 years since the creation of international guidelines for the treatment of incarcerated women. These guidelines state that prison should be a last resort for pregnant women and that non-custodial sentences should be the first choice. They also forbid the use of shackles on women during labour.

However, these rules are consistently flouted globally. "This is not viewed as a worldwide priority for women's rights," argues the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Dire Situations in Packed Prisons

In various regions, conditions for pregnant prisoners are described as "exceptionally severe". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women reveal beatings, abuse, and being denied essential items. Reports indicate some resort to exchanging favors with prison staff for nourishment or medicine.

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

Accounts also tell of women who were chained to hospital beds during labour and gave birth while watched by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the most severe overcrowding levels in the world. Women are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a advocate. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds prior to delivery. The environment for caring for an infant back in prison are alarming, as shown by reports of babies dying from pneumonia and malnourishment in custody.

Stories from Different Continents

In Zambia, a former inmate recalls being in a detention block with pregnant women. Doors were secured overnight. When someone 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 floor and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in wealthier nations. For example, a teenager her baby died after giving birth unassisted in a prison cell. Her calls for help went unanswered for hours, and she was had to bite through the umbilical cord on her own.

Turning Trauma into Change

A number of survivors have decided to use their experiences to instigate change. In the United States, a woman who miscarried in her cell founded an organisation. She has successfully pushed for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they offered to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"My ordeal was obstetric violence. What I experienced 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 measures for pregnant women in the justice system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, pregnant, or breastfeeding.
• Implementing home detention as an alternative to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Experts and those who have been incarcerated argue that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be criminalised for many issues in the beginning," says the expert.

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