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An advocate, who was, was detained near her residence in early 2024. Accused with a crime of "illicit association", 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 does not know what happened or if she was given any care after birth.

A Worldwide Issue

Situations like these are alarmingly common within correctional systems internationally. Women carrying children are often held in appalling situations and denied necessary care. Some miscarry, others deliver and give birth by themselves in a detention cell. Tragically, infants die while incarcerated.

"Countries assume it’s a small number of women so it’s insignificant, but that is incorrect," says a lawyer focused on female imprisonment.

"Incarceration is not a good setting for women, not to mention someone who is pregnant," she adds. "Extensive research that demonstrates how damaging it is. Numerous facilities were built with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

It has been 15 years since the establishment of specific standards for the treatment of female prisoners. These rules state that prison should be a last resort for pregnant women and that alternatives to detention should always be considered. Furthermore, they forbid the use of restraints on women while giving birth.

But, these standards are often violated globally. "This is not considered a worldwide gender-equality priority," argues the expert. "It remains hidden, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Systems

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates reveal assaults, torture, and being denied essential items. Reports indicate some resort to trading sex with prison staff for food or medical supplies.

"We has documented miscarriages and the loss of several infants … there will be more," reports a rights defender.

Accounts also tell of women who were chained to hospital beds while in labor and delivered while observed by male prison guards.

Overcrowding and Its Impact

Statistics lists some countries as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these conditions. "There is rarely enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by reports of infants succumbing from illness and malnourishment in custody.

Stories from Around the Globe

In Zambia, a former inmate recalls being in a cell with pregnant women. Doors were locked overnight. If a woman started giving birth at night, the women were left 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!’"

Such events occur in more developed countries. In one case, a teenager her baby died after giving birth alone in a prison cell. Her calls for help were ignored for hours, and she was forced to bite through the cord on her own.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to drive reform. In the US, a woman who lost her pregnancy in her cell founded an organisation. Her work has successfully advocated for laws that prohibit restraints and isolation for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. When it came time to give birth, officers shackled 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.

"What I experienced was obstetric violence. It should not have occurred, but this is what women in prison go through," she says. This trauma later shaped provincial policies around childbirth in detention.

Potential Reforms

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

• Considering alternatives to detention for accused women who are mothers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, particularly for expectant mothers.
• Permitting the deferral of sentences for women who are pregnant.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women should not be in prison at all. "I question whether women should be criminalised for many issues in the beginning," argues the expert.

"Community-based solutions that address the root causes of women entering the legal system – for example, destitution, violence and substance issues – are truly what we should be focusing on."