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An advocate, who was, was detained near her residence in early 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives were contacted to retrieve the body of her newborn baby. The cause of death has not been investigated, and the family remains unaware the circumstances or whether she was given any postnatal care.

A Worldwide Crisis

Situations like these are not rare in detention centers internationally. Expectant mothers are often subjected to terrible environments and denied necessary care. Some lose their pregnancies, others go into labour and have their babies by themselves in a cell. Sadly, some babies perish while incarcerated.

"Countries believe it’s a small number of women so it’s not an issue, but that is a misconception," says a lawyer working on women's incarceration.

"Incarceration is a terrible setting for women, let alone someone who is expecting," she adds. "There’s so much research that shows how detrimental it is. Most facilities were designed 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. These guidelines clearly say that incarceration should be a last resort for pregnant women and that non-custodial sentences should be the first choice. Furthermore, they forbid the use of restraints on women in childbirth.

Yet, these guidelines are often violated globally. "This isn’t seen as a worldwide priority for women's rights," argues the advocate. "It’s not visible, and there’s a lot of shame and prejudice."

Dire Situations in Packed Prisons

In some countries, conditions for expectant inmates are reported to be "extremely dire". Family visits have been prohibited, and independent monitors are barred from entry. Interviews with formerly incarcerated women describe beatings, abuse, and being denied basic supplies. Some resort to trading sex with prison staff for nourishment or medicine.

"We has documented miscarriages and the loss of several infants … it is certain there are more," reports a local lawyer.

Reports also indicate women who were shackled to medical beds during labour and gave birth while watched by male prison guards.

Severe Overpopulation and Its Impact

Statistics shows some countries as having the highest prison occupancy levels in the globe. Female inmates are especially at risk to these conditions. "There is seldom enough space to lie down properly," says a human rights outreach director. "There is a chronic lack of access to basic items."

Expectant inmates have been restrained to hospital beds before giving birth. The environment for raising a newborn upon return in prison are worrying, as shown by reports of infants dying from pneumonia and malnourishment in custody.

Accounts from Around the Globe

In Zambia, a past prisoner recalls being in a cell with expectant mothers. Doors were secured overnight. If a woman started giving birth at night, the women were forced to manage on their own. "We would be pleading. Others were praying. Others were banging on the ground and the doors, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in wealthier nations. For example, a young woman lost her daughter after delivering unassisted in a cell. Her calls for help were ignored for hours, and she was had to bite through the umbilical cord on her own.

From Experience to Advocacy

A number of survivors have chosen to use their traumatic ordeals to advocate. In the US, a woman who lost her pregnancy in her prison cell set up an organisation. She has successfully advocated for laws that ban restraints and solitary confinement for pregnant inmates in numerous jurisdictions.

A separate account 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 bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you want 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 endure," she stated. Her experiences later informed official guidelines around childbirth in detention.

Potential Reforms

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

• Evaluating alternatives to detention for defendants who are primary caregivers, expecting, or nursing mothers.
• Implementing home detention as an option to being held on remand, particularly for pregnant women.
• Permitting the deferral of sentences for women who are pregnant.

Experts and people with experience believe that, in most cases, expectant mothers should not be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that address the underlying reasons of women coming into contact with the legal system – for example, destitution, abuse and drugs – are truly what we should be focusing on."