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An advocate, while she was, was detained near her home in early 2024. Accused with a broad allegation, she was held lacking proof. Weeks afterward, her family were contacted to collect the remains of her infant child. The cause of death remains unexamined, and the family has no idea the circumstances or if she was given any care after birth.

An International Crisis

Cases such as this are not rare in detention centers internationally. Expectant mothers are often kept in terrible environments and deprived of proper healthcare. Miscarriages occur, others deliver and give birth alone in a detention cell. Sadly, infants die in custody.

"Countries assume it’s a small number of women so it’s not an issue, but that is incorrect," says a lawyer focused on female imprisonment.

"Detention is not a good place for women, let alone someone who is expecting," she continues. "There’s so much research that shows how harmful it is. Many facilities were built with male inmates in mind, so women were an afterthought."

Ignored UN Rules

It has been 15 years since the creation of specific standards for the treatment of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that non-custodial sentences should be the first choice. Furthermore, they prohibit the use of restraints on women in childbirth.

However, these standards are routinely ignored globally. "This is not viewed as a global priority for women's rights," says the expert. "It remains hidden, and there’s a lot of stigma and stereotyping."

Dire Situations in Packed Prisons

In certain nations, situations for pregnant prisoners are reported to be "extremely dire". Contact with relatives have been prohibited, and rights groups are barred from entry. Accounts with ex-inmates describe assaults, torture, and being denied basic supplies. Some are forced into exchanging favors with guards for food or medicine.

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

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

Overcrowding and Its Impact

Statistics lists some countries as having the highest prison occupancy levels in the globe. Female inmates are particularly vulnerable to these conditions. "There is seldom enough space to fully lie down," explains a human rights outreach director. "There is a chronic lack of access to essentials."

Pregnant prisoners have been restrained to beds prior to delivery. Conditions for raising a newborn back in prison are alarming, as evidenced by cases of infants succumbing from illness and malnourishment behind bars.

Stories from Different Continents

In Zambia, a past prisoner recalls being in a cell with pregnant women. Cell 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 praying. Others were hitting the ground and the gates, yelling: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman lost her daughter after delivering alone in a cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the cord herself.

Turning Trauma into Change

A number of survivors have decided to use their traumatic ordeals to advocate. In the United States, a woman who miscarried in her cell set up an organisation. Her work has successfully advocated for laws that prohibit shackling and solitary confinement for expectant inmates in multiple states.

A separate account comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, officers chained her legs to the bed. Hospital staff performed a caesarean section. As she recovered, they suggested to sterilize her. "Why would you wish to have more children, if you’re a prisoner?" they asked.

"My ordeal was medical abuse during childbirth. It should never have happened, but this is what women in prison go through," she stated. This trauma later informed provincial policies around giving birth while incarcerated.

Potential Reforms

Some nations have introduced measures for pregnant women in the legal system. These include:

• Considering alternatives to detention for defendants who are primary caregivers, pregnant, or breastfeeding.
• Implementing house arrest as an option to being held before trial, especially for expectant mothers.
• Allowing for the deferral of sentences for women who are pregnant.

Experts 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 many issues in the beginning," says the advocate.

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