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A rights defender, while she was, was arrested near her residence in early 2024. Accused with a broad allegation, she was imprisoned lacking proof. Weeks afterward, her family were contacted to collect the remains of her newborn baby. The reason of death remains unexamined, and the family remains unaware the circumstances or if she received any postnatal care.

A Global Problem

Cases such as this are far from uncommon in prisons globally. Pregnant women are often kept in terrible environments and deprived of proper healthcare. Some miscarry, others begin childbirth and give birth unassisted in a detention cell. Devastatingly, some babies die behind bars.

"Governments think it’s a minority of women so it’s insignificant, but that is incorrect," notes a lawyer working on women's incarceration.

"Detention is a terrible environment for women, let alone someone who is expecting," she continues. "Extensive research that indicates how damaging it is. Numerous prisons were built with men in mind, so women were an afterthought."

Violated International Guidelines

Over 15 years since the creation of specific standards for the handling of female prisoners. These guidelines state that prison should be a last resort for expectant mothers and that alternatives to detention should be the first choice. They also forbid the use of restraints on women while giving birth.

However, these rules are routinely ignored around the world. "This is not viewed as a worldwide priority for women's rights," argues the advocate. "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 prohibited, and rights groups are barred from entry. Accounts with ex-inmates describe beatings, abuse, and being denied essential items. Reports indicate some resort to trading sex with guards for nourishment or medicine.

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

It is also reported women who were shackled to medical beds while in labor and delivered while watched by male officers.

Severe Overpopulation and Its Impact

Data lists some nations as having the most severe overcrowding levels in the globe. Women are especially at risk to these situations. "There is seldom enough space to lie down properly," explains a human rights outreach director. "There exists a persistent lack of access to essentials."

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

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a detention block with pregnant women. Doors were secured overnight. If a woman went into labour at night, the women were forced to fend for themselves. "We would be pleading. Others were asking for divine help. Others were hitting the floor and the doors, screaming: ‘Please come, somebody’s in labour!’"

Such events occur in wealthier nations. For example, a young woman lost her daughter after giving birth unassisted in a prison cell. Her pleas for assistance went unanswered for hours, and she was forced to sever the cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to instigate change. In the US, a woman who lost her pregnancy in her prison cell founded an advocacy group. Her work has successfully advocated for legislation that ban shackling and isolation for expectant inmates in numerous jurisdictions.

Another story comes from South America. A woman learned of her pregnancy shortly after being sentenced. During her delivery, guards shackled her legs to the hospital bed. Doctors performed a caesarean section. As she recovered, they suggested to perform sterilization. "Why would you wish 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 endure," she says. This trauma later informed official guidelines around giving birth while incarcerated.

Alternatives and Solutions

Some nations have introduced measures regarding expectant mothers in the legal system. Among them are:

• Evaluating alternatives to detention for accused women who are primary caregivers, expecting, or nursing mothers.
• Introducing home detention as an alternative to being held on remand, particularly for pregnant women.
• Permitting the postponement of sentences for women who are pregnant.

Advocates and people with experience argue that, in most cases, pregnant women ought not to be in prison at all. "I question whether women should be criminalised for numerous offenses in the first place," says the advocate.

"Community-based solutions that tackle the root causes of women entering the justice system – for example, poverty, abuse and substance issues – are truly what we should be investing in."