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An advocate, who was, was detained near her home in March 2024. Accused with a vague offense, she was imprisoned lacking proof. Weeks afterward, her family were contacted to retrieve the body of her infant child. The cause of death was not looked into, and her loved ones does not know the circumstances or if she was given any postnatal care.

A Global Issue

Cases such as this are not rare in prisons around the world. Expectant mothers are often kept in appalling situations and denied medical attention. Miscarriages occur, others deliver and give birth unassisted in a prison cell. Sadly, infants die in custody.

"Governments think it’s a small number of women so it’s insignificant, but that is a misconception," states a legal advocate dedicated to female imprisonment.

"Detention is a harmful place for women, let alone someone who is pregnant," she continues. "Extensive research that demonstrates how harmful it is. Numerous facilities were constructed with male inmates in mind, so women were an secondary consideration."

Ignored International Guidelines

Over 15 years since the creation of specific standards for the treatment of incarcerated women. These rules state that prison should be a final option for pregnant women and that alternatives to detention should be the first choice. Furthermore, they ban the use of shackles on women during labour.

However, these rules are consistently flouted globally. "This isn’t seen as a global gender-equality priority," argues the expert. "It is overlooked, and there’s a lot of shame and stereotyping."

Dire Situations in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are described as "really critical". Contact with relatives have been banned, and independent monitors are denied access. Accounts with formerly incarcerated women detail beatings, torture, and being denied basic supplies. Reports indicate some resort to trading sex with guards for food or medical supplies.

"Our organisation has documented pregnancy losses and the loss of four babies … there will be more," reports a local lawyer.

Reports also indicate women who were shackled to hospital beds while in labor and gave birth while observed by male officers.

Overcrowding and Its Effects

Statistics shows some nations as having the most severe overcrowding levels in the globe. Female inmates are especially at risk to these situations. "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."

Pregnant prisoners have been restrained to beds before giving birth. Conditions for caring for an infant upon return in prison are worrying, as shown by cases of infants dying from illness and severe malnutrition in custody.

Stories from Different Continents

In Zambia, a past prisoner 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 fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies occur in more developed countries. In one case, a teenager her baby died after delivering unassisted in a cell. Her pleas for assistance were ignored for hours, and she was had to sever the cord herself.

Turning Trauma into Change

Some women have chosen to use their traumatic ordeals to instigate change. In the US, a woman who lost her pregnancy in her cell founded an organisation. She has successfully pushed for legislation that ban restraints and isolation for pregnant inmates in multiple states.

A separate account comes from Argentina. A woman learned of her pregnancy shortly after being given a prison term. When it came time to give birth, officers shackled her legs to the hospital bed. Doctors performed a C-section. While still groggy, they offered to sterilize her. "Why would you want to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. What I experienced should not have occurred, but this is what women in prison go through," she stated. This trauma later shaped provincial policies around giving birth while incarcerated.

Potential Reforms

Other countries have implemented measures regarding expectant mothers in the legal system. Among them are:

• Considering alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for expectant mothers.
• Permitting the deferral of prison terms for women who are pregnant.

Advocates and people with experience contend that, in most cases, expectant mothers ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the beginning," argues the advocate.

"Community-based solutions that tackle the underlying reasons of women coming into contact with the justice system – for example, poverty, violence and drugs – are truly what we should be investing in."