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A rights defender, who was, was arrested near her residence in early 2024. Accused with a vague offense, she was held without evidence. Weeks afterward, her family were contacted to retrieve the remains of her newborn baby. The cause of death was not looked into, and her loved ones does not know what happened or if she was given any care after birth.

A Global Crisis

Cases such as this are alarmingly common in prisons globally. Pregnant women are often held in appalling situations and not given medical attention. Miscarriages occur, others go into labour and give birth by themselves in a detention cell. Sadly, infants perish behind bars.

"Nations assume it’s a small number of women so it’s not a problem, but that is a misconception," notes a lawyer dedicated to female imprisonment.

"Incarceration is a harmful place for women, let alone someone who is pregnant," she adds. "There’s so much studies that shows how detrimental it is. Numerous facilities were constructed with male inmates in mind, so women were an afterthought."

Ignored Global Standards

It has been 15 years since the adoption of specific standards for the treatment of incarcerated women. This framework state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. Furthermore, they prohibit the use of shackles on women while giving birth.

But, these rules are consistently flouted globally. "This isn’t seen as a global priority for women's rights," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Critical Conditions in Packed Prisons

In some countries, situations for expectant inmates are described as "really critical". Family visits have been prohibited, and rights groups are denied access. Accounts with formerly incarcerated women detail beatings, torture, and being denied essential items. Some resort to trading sex with prison staff for food or medical supplies.

"Our organisation has documented miscarriages and the death of several infants … it is certain there are more," says a rights defender.

Reports also indicate women who were chained to hospital beds while in labor and delivered while watched by male prison guards.

Severe Overpopulation and Its Consequences

Statistics lists some nations as having the highest prison occupancy levels in the world. Female inmates are particularly vulnerable to these conditions. "There is rarely enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to basic items."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for raising a newborn upon return in prison are worrying, as shown by cases of infants dying from pneumonia and malnourishment behind bars.

Accounts from Different Continents

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Doors were locked overnight. When someone went into labour 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 countries. In one case, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance were ignored for hours, and she was forced to bite through the umbilical cord herself.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to instigate change. In the United States, a woman who miscarried in her cell set up an advocacy group. Her work has successfully pushed for legislation that ban restraints and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from Argentina. A woman learned of her pregnancy after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Doctors performed a caesarean section. While still groggy, they suggested to sterilize her. "Why would you wish to have more children, if you’re a inmate?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she says. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Some nations have implemented measures for expectant mothers in the legal system. Among them are:

• Evaluating non-custodial options for accused women who are primary caregivers, pregnant, or nursing mothers.
• Implementing home detention as an option to being held on remand, especially for pregnant women.
• Permitting the postponement of sentences for pregnant women.

Advocates and people with experience argue that, often, expectant mothers should not be in prison at all. "We must ask whether women should be criminalised for many issues in the first place," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, destitution, abuse and drugs – are truly what we should be investing in."