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A rights defender, at 35 weeks pregnant, was arrested near her home in March 2024. Charged with a broad allegation, she was jailed lacking proof. Weeks afterward, her family were informed to retrieve the remains of her newborn baby. The reason of death remains unexamined, and the family has no idea the circumstances or whether she was given any postnatal care.

An International Crisis

Situations like these are alarmingly common within correctional systems around the world. Women carrying children are often held in deplorable conditions and not given proper healthcare. Miscarriages occur, others go into labour and give birth unassisted in a cell. Devastatingly, some babies perish behind bars.

"Nations believe it’s a small number of women so it’s insignificant, but that is a misconception," says a lawyer focused on female imprisonment.

"Incarceration is a harmful place for women, especially not for someone who is expecting," she adds. "Extensive research that shows how damaging it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the adoption of specific standards for the handling of female prisoners. This framework specify that incarceration should be a final option for expectant mothers and that non-custodial sentences should always be considered. They also forbid the use of shackles on women during labour.

However, these guidelines are often violated globally. "This is not viewed as a worldwide gender-equality priority," says the advocate. "It is overlooked, and there’s a lot of shame and stereotyping."

Severe Hardships in Overcrowded Prisons

In some countries, conditions for pregnant prisoners are reported to be "extremely dire". Family visits have been banned, and rights groups are denied access. Interviews with ex-inmates detail beatings, torture, and being denied basic supplies. Some are forced into trading sex with prison staff for nourishment or medical supplies.

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

Reports also indicate women who were chained to hospital beds during labour and gave birth while watched by male officers.

Overcrowding and Its Impact

Data lists some countries as having the most severe prison occupancy levels in the world. Female inmates are especially at risk to these situations. "There is seldom enough space to lie down properly," says a human rights outreach director. "There exists a persistent lack of access to essentials."

Pregnant prisoners have been restrained to hospital beds before giving birth. The environment for caring for an infant back in prison are alarming, as shown by cases of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In Zambia, a past prisoner remembers being in a detention block with pregnant women. Doors were secured overnight. If a woman started giving birth at night, the women were left to fend for themselves. "We begged. Others were asking for divine help. Others were banging on the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events also happen in wealthier countries. In one case, a teenager her baby died after giving birth unassisted in a cell. Her calls for help went unanswered for hours, and she was forced to sever the cord on her own.

Turning Trauma into Change

Some women have decided to use their experiences to instigate change. In the United States, a woman who lost her pregnancy in her cell set up an advocacy group. She has successfully advocated for legislation that prohibit restraints and solitary confinement for expectant inmates in multiple states.

Another story comes from South America. A woman discovered she was pregnant shortly after being given a prison term. During her delivery, guards shackled her legs to the hospital bed. Hospital staff performed a C-section. While still groggy, they suggested to sterilize her. "Why would you want to have more children, if you’re a inmate?" they asked.

"What I experienced was medical abuse during childbirth. It should not have occurred, but this is what women in prison go through," she stated. Her experiences later shaped official guidelines around giving birth while incarcerated.

Potential Reforms

Other countries have implemented policies for pregnant women in the legal system. Among them are:

• Considering alternatives to detention for accused women who are primary caregivers, expecting, or breastfeeding.
• Introducing house arrest as an option to being held before trial, particularly for expectant mothers.
• Permitting the deferral of sentences for pregnant women.

Advocates and those who have been incarcerated argue that, in most cases, pregnant women ought not to 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 coming into contact with the justice system – for example, destitution, violence and substance issues – are really what we should be investing in."